Lawyers and cyberspace: Seeing the elephant?

Gillen, Martina

Abstract

This paper considers the problem of Internet regulation, and how it has been exacerbated by poor theoretical models for cyberspace. Furthermore, it considers how the conceptual difficulties with regard to the nature of cyberspace have been replicated in formulation of regulation. Having identified the key areas of difficulty,
this paper then explores a potential solution building on the regulatory work of Chris Reed and Christopher Marsden. Using autopoietic theory to fuse their understanding
of both the human, and technological aspects of Internet regulation, this paper aims to generate one coherent theory that would offer a flexible, responsive and effective
regulatory model for cyberspace.

• Journal Article Type: Article
• Publication Date: Aug 1, 2012
• Deposit Date: Aug 21, 2013
• Publicly Available Date: Feb 10, 2016
• Journal: ScriptED
• Print ISSN: 1744-2567
• Peer Reviewed: Peer Reviewed
• Volume: 9
• Issue: 2
• DOI: https://doi.org/10.2966/scrip.090212.130
• Keywords: cyberspace, regulation, legal theory
• Public URL: https://uwe-repository.worktribe.com/output/945105
• Publisher URL: http://script-ed.org/?p=480
• Contract Date: Feb 10, 2016