Author
Prof Hu Ling
Organisation/Institution
Peking University Law School
Country
CHINA
Panel
Information Technology Law
Title
Technology as Intrinsic Part of Legal Rule and System
Abstract
According to traditional legal theory, the intrinsic constituent elements of law at least include power (will), rules (norms/system), and values (morality). In fact, the realization and perfection of these three elements all rely on technology. Technology helps to increase the granularity of rule-making, more accurately and fairly meet the needs of disputes, and achieve sufficient deterrence and demonstrate the probability of detection. In different historical and social environments, due to differences in the mode of production, the general technological level directly affects the operation of the legal system and its processes. Therefore, this study also regards technology as an important intrinsic constituent element of legal rules and systems, and explores how such element influences the legal process, particularly against the background of ubiquity of information technology in the twenty-first century.
Biography
Hu Ling is Associate Professor of Law in Peking University, and has a Ph.D Degree in Hong Kong University. His major reseearch area is cyberlaw and legal theory. He has published a number of books, articles and review essays on Internet governance issues, including three recent books: Digital Architecture and Law (2024), Internet with Cooperation (coauthor, 2024), and Dynamics in Chinese Digital Commons (2024).
