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Lecturer(s)
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Gábriš Tomáš, prof. JUDr. Ph.D., LL.M.
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Kerikmäe Tanel, prof. Ing. Ph.D., LL.M.
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Bureš Pavel, JUDr. Ph.D.
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Course content
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1. Technology of law - from word to paper, from code to internet - internet as a legal codification, electronic promulgation of law, electronic law collections, interconnection and hypertext, law as an (information) system and as a network. 2. Normative system of regulation of cyberspace - legal rules, social norms, market, code/architecture, naturalization/algorithmization of law = towards technological positivism? 3. Law as a tool or law as an end? Chinese and Marxist-Leninist perceptions of law as a tool; forms and shapes of smart law and agile law. 4. Values and principles in cyber law - human control, stability, predictability, clarity, protection of intellectual property. 5. Visualization and aesthetics of law; Utopias, dystopias, possible worlds - the world of film and literature as a source of inspiration. 6. Applied law - specific methodology, techno-legal methods and techno-legal research?
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training)
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Learning outcomes
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The compulsory course Legal Theory of IT 3 places digital technologies in the context of the philosophy of law, which is a generalization of the challenges posed by modern technologies to basic philosophical and legal concepts. The basic headings in relation to the philosophical problems of law in cyberspace are: 1. Technology of law - from word to paper, from code to internet - internet as legal codification, electronic promulgation of law, electronic law collections, interconnection and hypertext, law as (information) system and as network. 2. Normative system of regulation of cyberspace - legal rules, social norms, market, code/architecture, naturalization/algorithmization of law = towards technological positivism? 3. Law as a tool or law as an end? Chinese and Marxist-Leninist perceptions of law as a tool; forms and shapes of smart law and agile law. 4. Values and principles in cyber law - human control, stability, predictability, clarity, protection of intellectual property. 5. Visualization and aesthetics of law; Utopias, dystopias, possible worlds - the world of film and literature as a source of inspiration. 6. Applied law - specific methodology, techno-legal methods and techno-legal research? By taking this course, students will gain knowledge of general issues in the philosophy of law that are facing re-evaluation in the light of the development of modern technology. By completing the course, students should gain a basic understanding of the changes that legal philosophy has undergone in recent decades. This course is thus intended to establish a broad foundation for the modules of the degree. In the course of the course, students work with a selection of legal philosophy texts, learning to search them for relevant information in relation to specific digital innovations and their relevance to legal philosophy.
By completing the course, students will gain knowledge of general issues in the philosophy of law that are facing re-evaluation in light of the development of modern technology. By completing the course, students should gain a basic understanding of the changes that legal philosophy has undergone in recent decades. This course is thus intended to establish a broad foundation for the modules of the degree. In the course of the course, students work with a selection of legal philosophy texts, learning to search them for relevant information in relation to specific digital innovations and their relevance to legal philosophy.
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Prerequisites
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Completion of this course is contingent upon completion of Legal Theory of Information Technology 1 and 2
MEP/LLTT1 and MEP/LLTT2
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Assessment methods and criteria
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Student performance
A full-time student is required to attend 80% of the course lectures. A combined form student is required to attend at least 30% of the lectures and one tutorial with the lecturer.
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Recommended literature
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https://commons.erau.edu/cgi/viewcontent.cgi?article=1373&context=adfsl.
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https://philarchive.org/archive/DAIWCA-2.
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BELLIA, L. P., BERMAN, S. B.; FRISCHMANN, M. B., POST, D. G. (2018). Cyberlaw: Problems of Policy and Jurisprudence in the Information Age (American Casebook Series) (5th edition).. West Academic Publishing.
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BLANCO DE MORAIS, C., FERREIRA MENDES, G., VESTING, T. (2022). The Rule of Law in Cyberspace.. Springer.
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DAINOW, B. What Can A Medieval Friar Teach Us About The Internet? Deriving Criteria Of Justice For Cyberlaw From Thomist Natural Law Theory, dostupné z:.
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GRABOWSKI, M., ROBINSON, P., E. (2021). Cyber Law and Ethics: Regulation of the Connected World. Routledge.
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MURRAY, A. (2016). Information Technology Law. Oxford University Press.
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REED, C., MURRAY, A. (2018). Rethinking the Jurisprudence of Cyberspace. Edward Elgar Publishing.
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STEPHENSON, R., P. Defining A Cyber Jurisprudence Towards Evolving the Philosophy and Theory of Cyber Law-: A Foundational Treatise. dostupné z:.
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VESTING, T. (2018). Legal Theory and the Media of Law. Edward Elgar Publishing.
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WATT, E. (2021). State Sponsored Cyber Surveillance: The Right to Privacy of Communications and International Law.. Edward Elgar Publishing.
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WILSON, A. (2014). Jurisprudence of Cyber Law. Koros Press Ltd.
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