Sanne Taekema (Erasmus University Rotterdam (EUR), Erasmus School of Law) has posted Fragments and Continuities of Law and ICT: A Pragmatist Approach to Understanding Legal Pluralism (Forthcoming in Wouter de Been, Payal Arora, Mireille Hildebrandt (eds.) Cross Roads in New Media, Identity and Law: The Shape of Diversity to Come, Palgrave Macmillan 2015, pp. 80-91) on SSRN. Here is the abstract:
In this chapter I look at new networked communication and information technology from the perspective of legal pluralism. The law governing ICT is one of the main areas in which legal orders interact and conflict. In opposition to legal theories that see the interaction of legal orders as problematic and limited, I contend that our experience with networked communication can be theorized more fruitfully from a pragmatist perspective. Such a pragmatic and interactional theory of legal pluralism is open to the fragmentation and dynamic plurality of normative orders relating to the Internet. At the same time, it can accommodate the growing connections between information technology and our everyday embodied existence.
