Belfast LEFIS Workshop 2004

Lessig’s code and other metaphors - Multidisciplinarity and Integrated Law Science

Richard De Mulder and Pieter Kleve

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The world has changed

• The Berlin wall has fallen• Globalisation• Brand names are important• In Holland, some shops are open on Sunday• Fukuyama (1991) “The end of history ....”

The world has changed

• Our way of thinking has changed• We are now rational, calculating persons• Jensen and Meckling (1994), “The nature of man”• REMP• Resourceful, Evaluating, Maximizing Person

Changing norms and concepts

• privacy• anonymity• freedom of information• intellectual property• reliability of accountants and firms• enormous salaries, option plans for some • killing thousands of civilians• bringing democracy to nations• …..

86 90 94 98

The impact of information technology

actual

as perceived

Causes

• Strong decrease in price / increase in speed, performance and functionality

• Graphical user interfaces• Multimedia (CD-ROM / GAMES / interactive)• Consumer market share > 50%• Liberalisation of telecommunications market• Mobile phones, satellites • Internet• Broadband connections

Stages of technological development

1. rough materials● pans and pots, roof above your head

2. change of structure, movement● wheel, hinge

3. energy source in artefact● steam engine, combustion engine, electro motor

4. artefact starts up automatically● self-opening doors, computers

5. ?

The information society is connected to the fourth stage, because nowadays also machines can interpret data

Internet metaphors and confusion

• confusion 1.– Internet is a network ?– Internet is a communications protocol

• confusion 2.– “I’m on the internet ?”– I’m not. I stay at home, sitting in front of my computer

• confusion 3.– Internet is a virtual world ?– Internet is real

• confusion 4.– Internet leads to globalization of commerce ?– Internet leads to price cut in the shop at the corner

Code Law: MP3 - The legal issues

• enforcement of copyright–Is MP3 illegal ?

• not necessarily under most copy right laws–The EC directive on harmonization of copyright

• deals with on demand delivery (WIPO 1996)• does not deal with p-2-p file sharing

• control is impossible• effective technological protection is impossible• fair compensation ?

conclusion ? Mission Impossible

Statement 1

• Technology is the most important factor that influences society

Factors that lead to successful technology

• Mathematics

• Empiricism

• The creative idea

• Rationality

The disciplines

• Ordinary people

• Lawyers

• Mathematicians

• Scientists ---------------------------

• Engineers ----------------------------------

• Managers -------------------------------------------- ------------------

• Work, consume and vote

• Normative people

• Mathematical people

• Empirical, mathematical people

• Empirical, mathematical people with an idea

• Rational, empirical, mathematical people with an idea

Statement 2

• In order to understand (describe, predict) technology and its influence on society, you have to understand ordinary people, lawyers, mathematicians, scientists, engineers and managers

• and the ways in which they do not interact with each other.

technology

remm/ business adm.

law

can

want

may

model for integrated law science

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Need a lawyer?

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That’s all folks!