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Introduction to cyber jurisprudence

  • Yassin Abdalla Abdelkarim

摘要

The novelty of technologies deployed for communications in cyberspace facilitated crucially human interactions. The intensive adoption of cyberspace technologies generated a unique version of conflicts among users. Though their occurrence in a virtual environment, disputes in cyberspace inflict impacts in real life, which drive their parties to initiate judicial proceedings for remedy. The uniqueness of the dispute creates an unprecedented situation for judges who are required to settle them lest justice becomes denied in cyberspace and a legal vacuum prevails. Thus, judges utilise their analytical and innovation abilities to develop a suitable understanding of legal rules that conform with the technical nature of cyberspace judicial disputes. Correspondingly, traditional jurisprudence proves helpless to conclude the methods adopted by judges to decide these disputes and reconceptualised versions of existing legal notions they utilised to apply the appropriate legal rule on the litigation. A modified novel methodology of analysing and interpreting is required to conclude the judicial norms adopted to settle cyber disputes. Thus, the research distinguishes the study of those judgements as an independent science: cyber jurisprudence. The latter is introduced by analysing court rulings in cyber litigations to determine the norms included. Studying those norms crystalises the chief qualities of cyber litigations that present its final portrait.