scholarly journals How the Law Learns in the Digital Society

2021 ◽  
Vol 3 (2) ◽  
pp. 12-27
Author(s):  
Christoph B Graber

Recent court decisions have revealed how the law is frequently under pressure to adjust to novel digital technologies. As legal practice is blind to the factual particularities of the relationship between law and technology, the courts’ efforts to re-stabilize normative expectations of Internet users, in the face of sociotechnical changes caused by computer networks, lack an adequate theoretical classification. Science and technology studies (STS) provide refined knowledge on the interaction between technology and society. Yet, the law and normative structures have remained a stepchild of that branch of interdisciplinary theorizing within the social sciences. Within the legal discipline, media-based theories about the law in the digital environment have conceived computer networks as hybrid sociotechnical constructs. This approach aptly shows how digital media have changed the way individuals experience the world and interact with one another and how the capacity to adjust cognitive behavioral expectations to new developments has become crucial. While the learning of individuals takes center stage, this perspective belittles the relevance of normative expectations and overlooks the law’s learning. How is the law capable of learning under conditions of computer networks and responding to the sociopolitical changes caused by the new technologies? This paper’s aim is to propose a perspective on the law in the digital society that combines STS with legal sociology. An approach based on technical affordances explains how normative behavioral expectations can adjust to changes in the networked environment and how the law learns in the digital society.

2021 ◽  
Author(s):  
S.A. Sharonova ◽  
E.V. Avdeeva

The rapid development of information technologies in the formation of online or digital environments has a significant impact on the transformation of society contributing to the development of Smart society. This is largely due to the formation of a Smart environment based on the introduction of new technologies. In changing the patterns of social life, these new technologies require and stimulate the transformation of social norms and values. For example, simplified communication between people, expressed in the transfer of instant messages through mobile applications (messengers) gains popularity. Such messages replace verbal communication through mobile devices. The use of modern digital technologies contributes to developing new characteristics of activities, for example, multitasking, which is expressed in the ability to conduct several conversations and perform several actions in parallel. The aim of this study is to find the main trends and differences, and predict the behavior patterns of different age groups in the process of forming a Digital society. Changes can happen swiftly or slowly, in part determined by the speed of release of new information products. There is a latent transformation of generations’ existence in modern society from natural to imposed forced skills against the backdrop of these technological transformations. This research has identified the differences in the perception and attitude of different age groups to this transformation. Keywords: Smart society, Digital society, smart environment, digital media


2020 ◽  
pp. 164-200
Author(s):  
Arnold Michael

This chapter examines the various ways digital media technologies and devices are embedded and embodied in the everyday activities of parents and children working, playing, educating, socializing, and entertaining in the home. Through this century, we have visited many families and have talked with them about their experiences and their parenting strategies in the face of new technologies. In this chapter, we identify the major strategies and stances and contextualize their nuances and subtleties vis-à-vis the particulars of the family relationships. We also place our findings in the context of the literature on families and technology use, relating the particularities of the vignettes to observations derived from quantitative and larger-scale studies.


Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This book explores these critical questions while highlighting the legal challenges—and opportunities—presented by the use of emerging technologies on the battlefield.


Author(s):  
Will Smiley

This chapter charts the “Law of Release,” a new system of rules that replaced the Law of Ransom. These rules were based on treaties signed from 1739 onward, but also on a variety of lesser agreements and unwritten understandings and the Islamic legal tradition. They were renewed frequently, and structured captivity as late as the 1850s. This chapter will explore the basic structures of the Law of Release—how captives were found, released, and sent home, and how slaveowners were convinced, coerced, or compensated to cooperate. I argue that while release was initially limited to Istanbul, and to the most visible captives, it extended both into elite households, and outward along the Ottoman corridors of power. This process tested the limits of the Ottoman state, forcing the state to cooperate with Russian officials for the benefit of both. They did so in the face of resistance from captors.


2021 ◽  
Vol 66 (1) ◽  
pp. 93-117
Author(s):  
Christian Henrich-Franke

Abstract The second half of the 20th century is commonly considered to be a time in which German companies lost their innovative strength, while promising new technologies presented an enormous potential for innovation in the US. The fact that German companies were quite successful in the production of medium data technology and had considerable influence on the development of electronic data processing was neglected by business and media historians alike until now. The article analyses the Siemag Feinmechanische Werke (Eiserfeld) as one of the most important producers of the predecessors to said medium data technologies in the 1950s and 1960s. Two transformation processes regarding the media – from mechanic to semiconductor and from semiconductor to all-electronic technology – are highlighted in particular. It poses the question of how and why a middling family enterprise such as Siemag was able to rise to being the leading provider for medium data processing office computers despite lacking expertise in the field of electrical engineering while also facing difficult location conditions. The article shows that Siemag successfully turned from its roots in heavy industry towards the production of innovative high technology devices. This development stems from the company’s strategic decisions. As long as their products were not mass-produced, a medium-sized family business like Siemag could hold its own on the market through clever decision-making which relied on flexible specialization, targeted license and patent cooperation as well as innovative products, even in the face of adverse conditions. Only in the second half of the 1960s, as profit margins dropped due to increasing sales figures and office machines had finally transformed into office computers, Siemag was forced to enter cooperation with Philips in order to broaden its spectrum and merge the production site in Eiserfeld into a larger business complex.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Rhoydah Nyambane

Purpose The purpose of this paper is to establish the place of the printed book in the era of technological advancement with the assumption that the print media is facing imminent death in the face of readily available and convenient online information. Also the paper aims to assess how the development of new technologies have affected the production, circulation and readership of the printed book, especially among the young generation. Design/methodology/approach Explanatory study was used with closed-ended approach to collect data from 50 students of the Technical University of Kenya and 5 key informant interviews with selected book publishers in Nairobi. The uses and gratification theory was used to explore the knowledge-seeking behavior among the respondents. Findings Findings showed that more than 80% of the respondents preferred the internet to the printed book, which, according to them, has no future in the face of technological advancement. Book publishers, on the other hand, felt that the printed book has a bright future among specific audiences who are committed to it, and especially those in the rural areas who have no access to the internet. While they agreed that the internet has posed a major challenge to the sales and readership of the printed book significantly, it is helping in marketing the printed book as opposed to killing it. New bookshops in Nairobi and modern libraries in high schools, tertiary institutions and universities demonstrate that the printed book is not dying soon. Research limitations/implications The researcher experienced challenges in data collection as the respondents were busy preparing for final examinations and hence many of them were not willing to spare time to fill the questionnaire. To solve this, the researcher had to spend more time to collect data as opposed to if the students were free and ready to participate in the study without any pressure. Practical implications The findings can be used as a basis for further research to widen the scope that can help bring a wider perspective to the topic. The results can also inform policy guidelines on the topic and also contribute to the body of knowledge. Social implications The topic touches on social phenomena that are affecting a number of young people and their information-seeking habits in the era of digital revolution. The way the young generation seek and use information should be of interest not only to academic staff but also to policymakers. Originality/value The paper is original based on primary data that was collected by the researcher from the respondents. It is backed by secondary data to bridge the gap between theory and practice.


2017 ◽  
Vol 2 (Suppl. 1) ◽  
pp. 1-8
Author(s):  
Denis Horgan ◽  
Walter Ricciardi

In the world of modern health, despite the fact that we've been blessed with amazing advances of late - the advent of personalised medicine is just one example - “change” for most citizens seems slow. There are clear discrepancies in availability of the best care for all, the divisions in access from country to country, wealthy to poor, are large. There are even discrepancies between regions of the larger countries, where access often varies alarmingly. Too many Member States (with their competence for healthcare) appear to be clinging stubbornly to the concept of “one-size-fits-all” in healthcare and often stifle advances possible through personalised medicine. Meanwhile, the legislative arena encompassing health has grown big and unwieldy in many respects. And bigger is not always better. The health advances spoken of above, an increased knowledge on the part of patients, the emergence of Big Data and more, are quickly changing the face of healthcare in Europe. But healthcare thinking across the EU isn't changing fast enough. The new technologies will certainly speak for themselves, but only if allowed to do so. Acknowledging that, this article highlights a positive reform agenda, while explaining that new avenues need to be explored.


Author(s):  
Ewa Suknarowska-Drzewiecka

The digital revolution, also called the fourth industrial revolution, constitutes another era of change, caused by the development of computerisation and modern technologies. It is characterised by rapid technological progress, widespread digitisation and an impact on all areas of life, including the provision of work. The changes affecting this area are so significant that there are proposals to remodel the definition of the employment relationship in the Labour Code. New forms of employment, which do not fit the conventional definition of an employment relationship, are emerging and gaining importance. An example could be employment via digital platforms. At the same time, there are also employment forms that do fit that definition, but deviate from the conventional understanding of the terms and conditions for performing work, which have undergone modification due to the use of new technologies. Teleworking, or working outside the employer’s premises, are examples of that. Employers get further opportunities to organise and control work, which often raises concerns due to the employee’s right to privacy, the protection of personal rights and personal data.


JURTEKSI ◽  
2021 ◽  
Vol 7 (2) ◽  
pp. 133-142
Author(s):  
Alwin Fau ◽  
Fince Tinus Waruwu

Abstract: In today's technological developments, digital images are a medium that is often used to store a person's identity. Digital images are currently widely used for data security needs. On the other hand, images can also be used as a medium for tapping data. Today's digital media provide many things in manipulating and changing the information contained in these images. In this study, the authors conducted a study to examine similarities in digital images so that it could be seen whether the information was authentic or not. detecting image similarities can help find out information whether the image is the same as the original object or not. The method used in this research is the Eigen Face method. The face eigen method is a method that can be used to check and match the similarities of an image. With the eigenface value, Figure 1, Figure 2, Figure 3, it can be determined that with other eigenface values can be determined based on the eigenface matrix values obtained from each image. Based on the values obtained from Figures 1, 2, and 3, it can be concluded that the eigenface method is able to present facial similarities with a presentation value of 80%.            Keywords: Eigenface; Face Recognation; Images; Images Processing  Abstrak: Dalam perkembangan teknologi saat ini, gambar digital merupakan media yang sering digunakan untuk menyimpan identitas seseorang. Gambar digital saat ini banyak digunakan untuk kebutuhan keamanan data. di sisi lain, gambar juga dapat digunakan sebagai media penyadapan data. Media digital saat ini menyediakan banyak hal dalam memanipulasi dan mengubah informasi yang terdapat pada gambar tersebut. Dalam penelitian ini penulis melakukan penelitian untuk menelaah kemiripan pada citra digital sehingga dapat diketahui apakah informasi tersebut otentik atau tidak. Mendeteksi kemiripan citra dapat membantu mengetahui informasi apakah citra tersebut sama dengan objek aslinya atau tidak. Metode yang digunakan dalam penelitian ini adalah metode Eigen Face. Metode eigen wajah merupakan metode yang dapat digunakan untuk mengecek dan mencocokkan kemiripan suatu citra. Dengan nilai eigenface, Gambar 1, Gambar 2, Gambar 3, dapat ditentukan bahwa dengan nilai eigenface lainnya dapat ditentukan berdasarkan nilai matriks eigenface yang diperoleh dari masing-masing citra. Berdasarkan nilai yang diperoleh dari Gambar 1, 2, dan 3, dapat disimpulkan bahwa metode eigenface mampu menghadirkan kemiripan wajah dengan nilai presentasi 80%.. Kata kunci: Citra; Eigenface; Pengolahan Citra Digital; Pengenalan Wajah


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