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Reassembling the legal: the wonders of modern science in court-related proceedings

Journal Article


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Abstract


  • The article analyses the ways in which technology and law

    disperse, channel and reassemble agency in ICT-enabled legal

    proceedings. It works from case studies of online civil claims in

    England and Italy, and the automatically issued speed camera

    fine process in Australia. Information and communication

    technologies affect legal procedures in three dimensions:

    legitimacy, efficacy and performativity. The law can legitimate

    ensembles of technological and performative procedures, but it

    cannot construct them by regulation. Technology is a distinct

    regulative regime that opens some channels of communication

    while closing others. Machines and software codes identify and

    admit participants and direct human activity. The focus on the

    performative explores the requirements of sense-making, by

    which participants recognise the context and the legal

    consequences of ICT-enabled procedures. The interfaces of

    law and technology rely on the interpretive context in which

    messages are understood as well as the legal forms in which

    they are transmitted. Each of these elements is essential to the

    circulation of agency between people and things that

    reassembles and constitutes legal and social relationships.

Authors


  •   Contini, Francesco (external author)
  •   Mohr, Rick (external author)

Publication Date


  • 2011

Citation


  • R. Mohr & F. Contini, ''Reassembling the legal: the wonders of modern science in court-related proceedings'' (2011) 20 (4) Griffith Law Review 994-1019.

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1544&context=lawpapers

Ro Metadata Url


  • http://ro.uow.edu.au/lawpapers/532

Number Of Pages


  • 25

Start Page


  • 994

End Page


  • 1019

Volume


  • 20

Issue


  • 4

Abstract


  • The article analyses the ways in which technology and law

    disperse, channel and reassemble agency in ICT-enabled legal

    proceedings. It works from case studies of online civil claims in

    England and Italy, and the automatically issued speed camera

    fine process in Australia. Information and communication

    technologies affect legal procedures in three dimensions:

    legitimacy, efficacy and performativity. The law can legitimate

    ensembles of technological and performative procedures, but it

    cannot construct them by regulation. Technology is a distinct

    regulative regime that opens some channels of communication

    while closing others. Machines and software codes identify and

    admit participants and direct human activity. The focus on the

    performative explores the requirements of sense-making, by

    which participants recognise the context and the legal

    consequences of ICT-enabled procedures. The interfaces of

    law and technology rely on the interpretive context in which

    messages are understood as well as the legal forms in which

    they are transmitted. Each of these elements is essential to the

    circulation of agency between people and things that

    reassembles and constitutes legal and social relationships.

Authors


  •   Contini, Francesco (external author)
  •   Mohr, Rick (external author)

Publication Date


  • 2011

Citation


  • R. Mohr & F. Contini, ''Reassembling the legal: the wonders of modern science in court-related proceedings'' (2011) 20 (4) Griffith Law Review 994-1019.

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1544&context=lawpapers

Ro Metadata Url


  • http://ro.uow.edu.au/lawpapers/532

Number Of Pages


  • 25

Start Page


  • 994

End Page


  • 1019

Volume


  • 20

Issue


  • 4