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Vol 23 No 8 Aug/Sept 18

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Cover of Service Charges: Law and Practice

Service Charges: Law and Practice

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Law, Technology and Dispute Resolution: The Privatisation of Coercion


ISBN13: 9781138555389
To be Published: October 2018
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00



The use of new information and communication technologies both inside the courts and in private online dispute resolution services is quickly changing everyday conflict management. However, the implications of the increasingly disruptive role of technology in dispute resolution remain largely undiscussed.

In this book, assistant professor of law and digitalisation Riikka Koulu examines the multifaceted phenomenon of dispute resolution technology, focusing specifically on private enforcement, which modern technology enables on an unforeseen scale. The increase in private enforcement confounds legal structures and challenges the nation-state’s monopoly on violence. And, in this respect, the author argues that the technology-driven privatisation of enforcement – from direct enforcement of e-commerce platforms to self-executing smart contracts in the blockchain – brings the ethics of law’s coercive nature out into the open. This development constitutes a new, and dangerous, grey area of conflict management, which calls for transparency and public debate on the ethical implications of dispute resolution technology.

Subjects:
Arbitration and Alternative Dispute Resolution, IT and Internet Law
Contents:
PART I: THEORETICAL IMPLICATIONS OF DISPUTE RESOLUTION TECHNOLOGY
Chapter 1 Introduction
Chapter 2 Understanding Law and Technology
Chapter 3 Emerging Crisis

PART II: THREE QUESTS FOR JUSTIFICATION: SOVEREIGNTY, CONTRACT AND ACCESS TO JUSTICE
Chapter 4 Heading towards Justification
Chapter 5 Sovereignty and State Agenda
Chapter 6 Consent and Private Autonomy
Chapter 7 Access to Justice

PART III: NEW WAYS FORWARD?
Chapter 8 New Bases for Justification
Chapter 9 Conclusions

Bibliography
Index