The Legal Challenges of Social Media
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The Legal Challenges of Social Media

Edited by David Mangan and Lorna E. Gillies

Social media enables instant access to individual self-expression and the sharing of information. Social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate this medium over the public/private law divide? This book engages with the legal implications of social media from public and private law perspectives and outlines how the law, in various legal sub-disciplines and with varying success, has endeavoured to adapt existing tools to social media.
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Chapter 2: Mapping the rule of law for the internet

Andrew D. Murray

Abstract

Since its inception as a stand-alone topic of scholarship in the 1990s, cyberlaw has been a study in regulatory theory. We have discussed systems of regulation and tools of regulatory enforcement. We have divided groups into techno-determinists and libertarians/communitarians and we have discussed effectiveness and legitimacy. The missing element of much cyberlaw study has been the law element. We have focused too extensively on the cyber and too little on the law. This chapter seeks to rebalance and refocus cyberlaw on the key element, the jurisprudential structure of cyberlaw, in particular to examine the question of the rule of law (or its absence) in cyberspace. In so doing it seeks to form the foundations of a cyberlaw jurisprudence by asking some difficult normative questions: Can a rule of law exist online? If so who is the legitimate lawmaker and what values are enshrined by cyberlaw? Keywords: rule of law; cyberlaw; jurisprudence; jurisdiction

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