scholarly journals Disruption, regulatory theory and China: What surveillance and profiling can teach the modern regulator

2019 ◽  
Vol 8 (2) ◽  
pp. 23-40
Author(s):  
Brendan Walker-Munro

Disruption poses a unique challenge for regulatory agencies, particularly those with a focus on criminal law. Yet regulatory scholarship focuses on and elevates the concepts of risk without addressing the actors and agents that populate the regulated environment. This article has three main aims. The first of these aims is to use disruption as a conceptual lens to critique the predominant regulatory theories and highlight some of their weaknesses. The second is, by reference to the principles set forth by Foucault and Deleuze, to identify some of the fundamental principles that could apply to a post-regulatory State to enable them to be more successful in the disrupted environment. The third is to examine the case of China as an empirical example of how some elements of that system have been employed in the real world. The article closes with some considerations of possible future areas of discussion.

2015 ◽  
Vol 11 (3) ◽  
pp. 245-264 ◽  
Author(s):  
Julia J. A. Shaw

AbstractThe largely unfettered realm of hardware and software code offers limitless possibilities in expanding the use and influence of information and communication technologies. As transcendent technologies they are unrestrained by the divergent equivalence of human categories of difference such as gender, race and class, or conceptual binary oppositions such as good/evil, happy/sad, freedom/oppression. Whilst a material grounding in earlier forms of embodied social experience remains an essential precondition of interaction with virtual systems, it is suggested that the virtual world is in the process of transforming the real world or, at least, subordinating it as slave to the machine world. This shift has fostered an imbalance of power between human and the posthuman, and consequently the epoch of the machine is often alleged to be both modern miracle and monster. Just as at a human level, rational thought processes restrain ideas which are unruly and require control, ICT advancements have proliferated to the point where these technologies also need to be classified, constrained where necessary, and diluted into the real world in real time. In this current climate of endless technological transformation, along with the growth of mass surveillance technologies together with the expansion of regulatory state powers, it is clear that any further innovations cannot be left to market forces without first considering the groundwork for the development of an appropriate monitoring mechanism. Before an appropriate set of regulatory mechanisms can be explicated, it is first necessary to consider the nature of the evolving transgressive human–machine relationship and the possible implications for humanity in the modern hypermediated world.


Author(s):  
Hsiao-Cheng (Sandrine) Han

The purpose of this research is to improve the understanding of how users of online virtual worlds learn and/or relearn ‘culture' through the use of visual components. The goal of this research is to understand if culturally and historically authentic imagery is necessary for users to understand the virtual world; how virtual world residents form and reform their virtual culture; and whether the visual culture in the virtual world is imported from the real world, colonized by any dominate culture, or assimilated into a new culture. The main research question is: Is the authenticity of cultural imagery important to virtual world residents? This research investigates whether visual culture awareness can help students develop a better understanding of visual culture in the real world, and whether this awareness can help educators construct better curricula and pedagogy for visual culture education.


2018 ◽  
Vol 21 (04) ◽  
pp. 1892001 ◽  
Author(s):  
GABRIEL FRAHM

In order to prove the third fundamental theorem of asset pricing for financial markets with infinite lifetime [G. Frahm (2016) Pricing and valuation under the real-world measure, International Journal of Theoretical and Applied Finance 19, 1650006], we shall assume that the discounted price process is locally bounded. Otherwise, some principal results developed by [F. Delbaen & W. Schachermayer (1997) The Banach space of workable contingent claims in arbitrage theory, Annales de l’Institut Henri Poincaré 1, 114–144] cannot be applied.


1970 ◽  
Vol 2 (4) ◽  
Author(s):  
Maura Welch

Virtual worlds are quickly becoming a popular way for teens–especially younger teens 13-16 years of age–to spend time connecting with existing friends while searching for new contacts. According to KZero, in the third quarter of last year alone, 92 million new, unique users joined virtual worlds. However, as virtual worlds grow, teens are looking for more opportunities beyond just building their personal networks. Enter virtual goods–items users can earn or purchase to express themselves creatively or to gain status among their peers in a community. Those who have not spent time in online communities and worlds find it difficult to understand the motivation for purchasing virtual goods. But buying them or completing tasks to earn them is fun and challenging, in the exact same way shopping or playing games in the real world is fun and challenging. For example, some virtual goods provide an immediate advantage in games or contests, some help express your personal styles and interests, and some can be sent as gifts to friends. Sometimes people buy virtual goods because they’re impatient or competitive and don’t want to wait the number of days it would take to earn them for free. But fundamentally, virtual goods are entertainment–they make it fun to interact with friends and express personal styles.


2021 ◽  
pp. 275-308
Author(s):  
Georg Sørensen ◽  
Jørgen Møller ◽  
Robert Jackson

This chapter examines four major issues in International Political Economy (IPE). The first concerns power and the relationship between politics and economics, and more specifically whether politics is in charge of economics or whether it is the other way around. The second issue deals with development and underdevelopment in developing countries. The third is about the nature and extent of economic globalization, and currently takes places in a context of increasing inequality between and inside countries. The fourth and final issue concerns how to study the real world from an IPE perspective and it pits the hard science American School against the more qualitative and normative British School.


Author(s):  
Pavel Stepanov ◽  
Maria Filatova

The legal regulation of social relations in virtual reality is attracting an increasing attention of scholars. There are corresponding Russian and foreign publications concerning different branches of law: civil, tax, labor, international humanitarian, and criminology. Criminological research is based, among other things, on the analysis of sociocultural factors: how online gaming behavior influences the «cultural normalization» of similar behavior in the real world, the problems and boundaries of permitted violence. At the same time, the problem of infringements on virtual game property is becoming more urgent. The first reason for this is the fact that the possession of virtual property can have legal and economic consequences in the real world. The second reason is connected with the absence, in most jurisdictions, of the legal regulation of the emerging property rights (or other «rights in rem») to game property, which hinders prosecution for crimes against it, or makes it impossible in some countries where criminal law protection is linked to positive legislation. The authors believe that it is best to view these crimes as offences against property, and not cybercrimes in the narrow sense of the word. It is obvious that the problems of defining the crime of theft in the virtual space are connected with the understanding of the object and other features of theft, and the analysis thus mainly focuses on comparing the legal nature of virtual game property with how it corresponds to the features of theft in the current legislation. Key concepts of the legal nature of virtual game property are formulated, which are then analyzed from the standpoint of their applicability in criminal law. According to the authors, there are two main ways to solve the problem of virtual game property protection: either, following the approaches found in foreign practice, the definition of theft should be broadened, or the legal protection regime sui generis should be created to deal with the protection of all cyber aspects of property relations.


2021 ◽  
pp. 7-17
Author(s):  
Robert Alexy

Philosophy is general and systematic reflection about what there is, what ought to be done or is good, and how knowledge about both is possible. Legal philosophy raises these questions with respect to the law. In so doing, legal philosophy is engaged in reasoning about the nature of law. The arguments addressed to the question of the nature of law revolve around three problems. The first problem addresses the question: in what kinds of entities does the law consist, and how are these entities connected such that they form the overarching entity we call ‘law’? The answer is that law consists of norms as meaning contents which form a normative system. The second problem addresses the question of how norms as meaning contents are connected with the real world. The third problem addresses the correctness or legitimacy of law, and, by this, the relationship between law and morality.


Author(s):  
Angela Adrian

Because there is so much money involved in virtual worlds these days, there has been an increase in criminal activity in these worlds as well. The gaming community calls people who promote conflict “griefers”. Griefers are people who like nothing better than to kill team-mates or obstruct the game’s objectives. Griefers scam, cheat and abuse. Recently, the have begun to set up Ponzi schemes. In games that attempt to encourage complex and enduring interactions among thousands of players, “griefing” has evolved from being an isolated nuisance to a social disease. Much in the same way crime has become the real world’s social disease. Grief is turning into crime. Some consider virtual worlds to be a game and therefore outside the realms of real law and merely subject to the rules of the game. However, some virtual worlds have become an increasingly important as a method of commerce and means of communication. In most circumstance the law is reluctant to intrude into the rules of the game, but it will do if necessary. (Lastowka & Hunter, 2004) Criminal law applies in virtual worlds as it does in the real world, but not necessarily in the manner that a player would expect or want. The law looks at the real consequences of actions, not the on-screen representations. (Kennedy, 2009)


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