The Technology of Law

Written by Sam Vaknin


Continued from page 1

(a) A positive law which follows a technological advance (a law regarding seat belts after seat belts were invented). Such positive laws are intended either to disseminaterepparttar technology or to stifle it.

(b) An intentional legal lacuna intended to encourage a certain technology (for instance, very little legislation pertains torepparttar 133581 internet withrepparttar 133582 express aim of "letting it be"). Deregulation ofrepparttar 133583 airlines industries is another example.

(c) Structural interventions ofrepparttar 133584 law (or law enforcement authorities) in a technology or its implementation. The best examples arerepparttar 133585 breaking up of AT&T in 1984 andrepparttar 133586 current anti-trust case against Microsoft. Such structural transformations of monopolists release hitherto monopolized information (for instance,repparttar 133587 source codes of software) torepparttar 133588 public and increases competition -repparttar 133589 mother of invention.

(d) The conscious encouragement, by law, of technological research (research and development). This can be done directly through government grants and consortia, Japan's MITI beingrepparttar 133590 finest example of this approach. It can also be done indirectly - for instance, by freeing uprepparttar 133591 capital and labour markets which often leads torepparttar 133592 formation of risk or venture capital invested in new technologies. The USA isrepparttar 133593 most prominent (and, now, emulated) example of this path.

4. A Law that cannot be made known torepparttar 133594 citizenry or that cannot be effectively enforced is a "dead letter" - not a law inrepparttar 133595 vitalist, dynamic sense ofrepparttar 133596 word. For instance,repparttar 133597 Laws of Hammurabi (his codex) are still available (throughrepparttar 133598 internet) to all. Yet, do we consider them to be THE or even A Law? We do not and this is because Hammurabi's codex is both unknown torepparttar 133599 citizenry and inapplicable. Hammurabi's Laws are inapplicable not because they are anachronistic. Islamic law is as anachronistic as Hammurabi's code - yet it IS applicable and applied in many countries. Applicability isrepparttar 133600 result of ENFORCEMENT. Laws are manifestations of asymmetries of power betweenrepparttar 133601 state and its subjects. Laws arerepparttar 133602 enshrining of violence applied forrepparttar 133603 "common good" (whatever that is - it is a shifting, relative concept).

Technology plays an indispensable role in bothrepparttar 133604 dissemination of information and in enforcement efforts. In other words, technology helps teachrepparttar 133605 citizens what arerepparttar 133606 laws and how are they likely to be applied (for instance, throughrepparttar 133607 courts, their decisions and precedents). More importantly, technology enhancesrepparttar 133608 efficacy of law enforcement and, thus, rendersrepparttar 133609 law applicable. Police cars, court tape recorders, DNA imprints, fingerprinting, phone tapping, electronic surveillance, satellites - are all instruments of more effective law enforcement. In a broader sense, ALL technology is atrepparttar 133610 disposal of this or that law. Take defibrillators. They are used to resuscitate patients suffering from severe cardiac arrhythmia's. But such resuscitation is MANDATORY by LAW. So,repparttar 133611 defibrillator - a technological medical instrument - is, in a way, a law enforcement device.



Sam Vaknin is the author of Malignant Self Love - Narcissism Revisited and After the Rain - How the West Lost the East. He is a columnist for Central Europe Review, United Press International (UPI) and eBookWeb and the editor of mental health and Central East Europe categories in The Open Directory, Suite101 and searcheurope.com.

Visit Sam's Web site at http://samvak.tripod.com




The Internet in the Countries in Transition

Written by Sam Vaknin


Continued from page 1

4. The great equalizer

Very early on,repparttar denizens ofrepparttar 133580 countries in transition have caught on torepparttar 133581 "great equalizer" effects ofrepparttar 133582 Net. They used it to vent their frustrations and aggression, to conduct cyber-warfare, to unleash an explosion of visual creativity and to engage in deconstructive discourse.

By great equalizer - I meant equalizer withrepparttar 133583 rich, developed countries. Seerepparttar 133584 article I quoted above. The citizens ofrepparttar 133585 countries in transition are frustrated by their inability to catch up withrepparttar 133586 affluence and prosperity ofrepparttar 133587 West. They feel inferior, neglected, looked down upon, dictated to and, in general, put down. The Internet is perceived as something which can restorerepparttar 133588 balance. Only, of course, it cannot. It is still a rich people's medium. President Clinton points outrepparttar 133589 Digital Divide within America - such a divide exists to a much larger extent and with more venomous effects betweenrepparttar 133590 developed and developing world.repparttar 133591 Internet has done nothing to bridge this gap - onrepparttar 133592 contrary: It enhancedrepparttar 133593 productivity and economic growth (this is known as "The New Economy") of rich countries (mainlyrepparttar 133594 States) and leftrepparttar 133595 have-nots inrepparttar 133596 dust.

5. Intellectual property

The concept of intellectual property - foreign torepparttar 133597 global Internet culture to start with - became an emblem of Western hegemony and monopolistic practices. Violating copyright, software piracy and hacking became both status symbols and a political declaration of sorts. Butrepparttar 133598 rapid dissemination of programs and information (for instance, illicit copies of reference works) served to levelrepparttar 133599 playing field.

Piracy of material is quite prevalent inrepparttar 133600 countries in transition. The countries in transition arerepparttar 133601 second capital of piracy (after Asia). Software, films, even books - are copied and distributed quite freely and openly. There are street vendors who deal inrepparttar 133602 counterfeit products - but most of it is sold through stores and OEMs.

I think that intellectual property will gorepparttar 133603 wayrepparttar 133604 pharmaceutical industry did: Instead of fighting windmills - owners and distributors of intellectual property will joinrepparttar 133605 trend. They are likely to team up with sponsors which will subsidizerepparttar 133606 price of intellectual property in order to make it affordable torepparttar 133607 denizens of poor countries. Such sponsors could be either multi-lateral institutions (such asrepparttar 133608 World Bank) - or charities and donors.



Sam Vaknin is the author of Malignant Self Love - Narcissism Revisited and After the Rain - How the West Lost the East. He is a columnist for Central Europe Review, United Press International (UPI) and eBookWeb and the editor of mental health and Central East Europe categories in The Open Directory, Suite101 and searcheurope.com.

Visit Sam's Web site at http://samvak.tripod.com




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