sovereignty 16, 17, 109–135, 179–180; as a
binary concept 119; conceptualization of
of 111–116; and consent 144; and
cyberspace 26n58; in dispute resolution
116–133; and EU 115; and globalisation
115–116; Hobbes on 113–114; as
interaction of justificatory constructs 132;
as interdependence between states 132;
Locke on 113–115; popular 115; and
private enforcement 94, 121, 154;
reinterpretation of 129–133; and social
contract theories 113, 114, 115;
Westphalian model 112–113
specialization 30
Star Trek: The Next Generation
series 196
state: intervention in private conflicts 17;
monopoly on dispute resolution 17,
112–120, 131, 133–134, 153, 194;
monopoly on violence 8, 13, 14,
131; and private enforcement 90–91, 94,
131–133, 149; role of 88–89, 91; see also
nation-state; state of nature
state of nature 113, 114, 118
statism 37
strata disputes 61
structural couplings 33–34, 46–47, 104;
and autopoieisis 96, 101; justification as
100–103
STS see science and technology studies
syllogistic argumentation 97
system-specific coding 31–32, 49
systems theory 28–29; and law 29–39; and
technology 46–50
technological change 4
technological determinism 16
technological disruption 4
technological innovation 3–5, 43
technological neutrality principle 42
technology: agency of 16, 40, 66;
approaches to 43–46, 65–66; autonomy
of 46; defining 38; disputes regarding 8;
and dispute resolution 40–46, 60–67;
disruptiveness of 16, 43–44, 46;
emergence of 38; etymology of 44; the
fourth party analogy 65–67; humans as
extensions of 46; justification through
182–186; and law 46–48, 50–1; and
media 45; and private enforcement 33,
35–39, 41, 63, 68–69; psychological
effect of 43; social construction of 16;
social dimension of 38, 65, 79; as sui
generis autopoetic system 47, 49; and
systems theory 46–50; transformative
power of 43; see also courtroom
technologies; information and
communication technologies (ICT); legal
technology; media technology;
technology-enhanced trials
technology-enhanced trials 6
television 45
tenant protection 146
territorial jurisdiction 88, 113, 118
Teubner, Günhter 28, 34–36, 68–69, 170
Thornburg, Elizabeth 69
Thornhill, Chris 20
traditional ideal model 87–92
trust: communities based on 14; and
technological infrastructure 13; see also
trust marks
trust marks 19, 74, 75, 101
truth 32, 39
Tuori, Kaarlo 37
Two Treaties of Government 113
UDRP see Uniform Dispute Resolution
Policy
UNCITRAL see United Nations
of International Trade Law
unemployment 61
unemployment benefits 167
Uniform Dispute Resolution Policy
(UDRP) 12, 21n8, 74–75
Uniform Domain-Name DisputeResolution Policy 187
United Kingdom 186
United Nations Commissions of
International Trade Law (UNCITRAL)
7, 122, 134, 187; on ODR 42, 122,
125–128
United Nations General Assembly 160
United States 126, 186
Universal Declaration of Human
Rights 160
universal morality 35
user agreements 11, 76–78
user review systems 9–10
utility model rights 8
value critique 36–37
videoconferencing 6, 43, 64
vigilantism 109–110, 120
violence: and enforcement 28; and law
28, 35, 70; state’s monopoly on 8,
13, 14, 131
218 Index
binary concept 119; conceptualization of
of 111–116; and consent 144; and
cyberspace 26n58; in dispute resolution
116–133; and EU 115; and globalisation
115–116; Hobbes on 113–114; as
interaction of justificatory constructs 132;
as interdependence between states 132;
Locke on 113–115; popular 115; and
private enforcement 94, 121, 154;
reinterpretation of 129–133; and social
contract theories 113, 114, 115;
Westphalian model 112–113
specialization 30
Star Trek: The Next Generation
series 196
state: intervention in private conflicts 17;
monopoly on dispute resolution 17,
112–120, 131, 133–134, 153, 194;
monopoly on violence 8, 13, 14,
131; and private enforcement 90–91, 94,
131–133, 149; role of 88–89, 91; see also
nation-state; state of nature
state of nature 113, 114, 118
statism 37
strata disputes 61
structural couplings 33–34, 46–47, 104;
and autopoieisis 96, 101; justification as
100–103
STS see science and technology studies
syllogistic argumentation 97
system-specific coding 31–32, 49
systems theory 28–29; and law 29–39; and
technology 46–50
technological change 4
technological determinism 16
technological disruption 4
technological innovation 3–5, 43
technological neutrality principle 42
technology: agency of 16, 40, 66;
approaches to 43–46, 65–66; autonomy
of 46; defining 38; disputes regarding 8;
and dispute resolution 40–46, 60–67;
disruptiveness of 16, 43–44, 46;
emergence of 38; etymology of 44; the
fourth party analogy 65–67; humans as
extensions of 46; justification through
182–186; and law 46–48, 50–1; and
media 45; and private enforcement 33,
35–39, 41, 63, 68–69; psychological
effect of 43; social construction of 16;
social dimension of 38, 65, 79; as sui
generis autopoetic system 47, 49; and
systems theory 46–50; transformative
power of 43; see also courtroom
technologies; information and
communication technologies (ICT); legal
technology; media technology;
technology-enhanced trials
technology-enhanced trials 6
television 45
tenant protection 146
territorial jurisdiction 88, 113, 118
Teubner, Günhter 28, 34–36, 68–69, 170
Thornburg, Elizabeth 69
Thornhill, Chris 20
traditional ideal model 87–92
trust: communities based on 14; and
technological infrastructure 13; see also
trust marks
trust marks 19, 74, 75, 101
truth 32, 39
Tuori, Kaarlo 37
Two Treaties of Government 113
UDRP see Uniform Dispute Resolution
Policy
UNCITRAL see United Nations
of International Trade Law
unemployment 61
unemployment benefits 167
Uniform Dispute Resolution Policy
(UDRP) 12, 21n8, 74–75
Uniform Domain-Name DisputeResolution Policy 187
United Kingdom 186
United Nations Commissions of
International Trade Law (UNCITRAL)
7, 122, 134, 187; on ODR 42, 122,
125–128
United Nations General Assembly 160
United States 126, 186
Universal Declaration of Human
Rights 160
universal morality 35
user agreements 11, 76–78
user review systems 9–10
utility model rights 8
value critique 36–37
videoconferencing 6, 43, 64
vigilantism 109–110, 120
violence: and enforcement 28; and law
28, 35, 70; state’s monopoly on 8,
13, 14, 131
218 Index