Peng Chengxin《The prerequisite propositions and core paradigms of digital jurisprudence》
The 2023 Annual Papers of the Shanghai Federation of Social Science Associations:
The prerequisite propositions and core paradigms of digital jurisprudence
Peng Chengxin
China Legal Science, No. 1, 2023
Abstract: Digital jurisprudence is a discipline that studies the objects which can be digitalized, behaviors, and related rights and obligations in the digital society. The three preconditions of digital jurisprudence are the existence of digital society, the algorithmic processing of data including personal information, and the constraints of digital ethics. Data and the basic legal issues on them, such as the object attribute, the attribute of rights and interests, and the right ownership of personal information, constitute the core paradigm of digital jurisprudence. The complexity of object attribute, the attribute of rights and interests, and the right ownership of personal information and the computability based on algorithms determine the diversity of the legal relationship and the particularity of legal remedies in digital field. Therefore, these characteristics of digital jurisprudence determine that it cannot be simply classified into a certain law in offline society, but as a comprehensive, interdisciplinary and integrated legal discipline that combines public law and private law (vertical), domestic law and international law (horizontal).
RELEASE TIME2024-04-11
