From the Luhmannian perspective adopted in this study, the introduction of a
new emergent social system of technology, which refers to the use of ICT as a
communicative operation (rather than technology as combination of physical
artefacts and social elements), constitutes a point of crisis. This new social
system is located in society, in the environment of other functionally differentiated, established social systems such as legal, political and economic systems.
The social technological system has an impact on these other subsystems.
Programmes emerge from the new system and function as irritants in other
systems. The political system talks about surveillance and technology in relation
to power, as is apparent from the NSA discussions of 2015.
56 The economic
system addresses the possibilities of monetising technological innovation.
57 Even
the question of finding passion through online dating is an example of how an
existing social system, in this case the love system, converses with irritants from
the social system of use of ICT.
58
The emergence of the social system of technology has led to a rupture, which
affects most if not all subsystems of society. Technological innovation causes
reflections in society, the need to adapt.
59 If a social system is not able to react
and immunise itself against the new irritant, it faces the danger of stagnant
autopoiesis and losing the system/environment difference, which constitutes its
existence. In other words, the social systems affected by the use of ICT need to
adapt in order to defend their identity.
In order to overcome the challenge, the subsystems need to include themes,
programmes and operations which deal with the irritation. However, adaptation
takes time. Different systems have different ways of engaging their immune
systems, which may result in differences in reaction times. The legal system,
characterised by a slow pace of change in order to preserve its objective of
safeguarding expectations, does not adapt quickly. The economic system, however, might be more prone to improve overall efficiency by reacting promptly to
new possibilities. Still, the affected systems aim to answer the societal rupture. If
left to its own devices, the rupture caused by technology creates a significant risk
to the overall cohesion of society, which then threatens social society. The
affected systems do not have an option, but instead they need to defend
themselves. In other words, they need to be immunised, changed and adapted
in order to preserve their distinct identity, to uphold their system/environment
difference.
Thus, the legal system also receives an aftershock and needs to respond to the
irritants from the social system of technology. As the operation of law, communication about the application of the code, has changed, this is also reflected in
the legal science. Legal science participates both in the legal system and the
science system simultaneously, but the changes in the object of its study, e.g. the
communication about the code, translate into the demand for finding answers on
the theory level. The irritants enter the legal system in different ways, but in
procedural law this has led to the emergence of ODR and private enforcement.
In the research of procedural law, this technological rupture has led us to the
issue of justifying dispute resolution.
Emerging crisis 79
new emergent social system of technology, which refers to the use of ICT as a
communicative operation (rather than technology as combination of physical
artefacts and social elements), constitutes a point of crisis. This new social
system is located in society, in the environment of other functionally differentiated, established social systems such as legal, political and economic systems.
The social technological system has an impact on these other subsystems.
Programmes emerge from the new system and function as irritants in other
systems. The political system talks about surveillance and technology in relation
to power, as is apparent from the NSA discussions of 2015.
56 The economic
system addresses the possibilities of monetising technological innovation.
57 Even
the question of finding passion through online dating is an example of how an
existing social system, in this case the love system, converses with irritants from
the social system of use of ICT.
58
The emergence of the social system of technology has led to a rupture, which
affects most if not all subsystems of society. Technological innovation causes
reflections in society, the need to adapt.
59 If a social system is not able to react
and immunise itself against the new irritant, it faces the danger of stagnant
autopoiesis and losing the system/environment difference, which constitutes its
existence. In other words, the social systems affected by the use of ICT need to
adapt in order to defend their identity.
In order to overcome the challenge, the subsystems need to include themes,
programmes and operations which deal with the irritation. However, adaptation
takes time. Different systems have different ways of engaging their immune
systems, which may result in differences in reaction times. The legal system,
characterised by a slow pace of change in order to preserve its objective of
safeguarding expectations, does not adapt quickly. The economic system, however, might be more prone to improve overall efficiency by reacting promptly to
new possibilities. Still, the affected systems aim to answer the societal rupture. If
left to its own devices, the rupture caused by technology creates a significant risk
to the overall cohesion of society, which then threatens social society. The
affected systems do not have an option, but instead they need to defend
themselves. In other words, they need to be immunised, changed and adapted
in order to preserve their distinct identity, to uphold their system/environment
difference.
Thus, the legal system also receives an aftershock and needs to respond to the
irritants from the social system of technology. As the operation of law, communication about the application of the code, has changed, this is also reflected in
the legal science. Legal science participates both in the legal system and the
science system simultaneously, but the changes in the object of its study, e.g. the
communication about the code, translate into the demand for finding answers on
the theory level. The irritants enter the legal system in different ways, but in
procedural law this has led to the emergence of ODR and private enforcement.
In the research of procedural law, this technological rupture has led us to the
issue of justifying dispute resolution.
Emerging crisis 79