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Our current legal system is to a great extent the product of an
earlier period of social and economic transformation. From the late
nineteenth century through the mid-twentieth century, as
accountability for industrial-age harms became a pervasive source
of conflict, the U.S. legal system underwent profound, tectonic
shifts. Today, ownership of information-age resources and
accountability for information-age harms have become pervasive
sources of conflict, and different kinds of change are emerging. In
Between Truth and Power, Julie E. Cohen explores the relationships
between legal institutions and political and economic
transformation. Systematically examining struggles over the
conditions of information flow and the design of information
architectures and business models, she argues that as law is
enlisted to help produce the profound economic and sociotechnical
shifts that have accompanied the emergence of the informational
economy, it is too is transforming in fundamental ways. Drawing on
elements from legal theory, science and technology studies,
information studies, communication studies and organization studies
to develop a complex theory of institutional change, Cohen develops
an account of the gradual emergence of legal institutions adapted
to the information age and of the power relationships that such
institutions reflect and reproduce. A tour de force of ambitious
interdisciplinary scholarship, Between Truth and Power will
transform our thinking about the possible futures of law and legal
institutions in the networked information era.
The legal and technical rules governing flows of information are
out of balance, argues Julie E. Cohen in this original analysis of
information law and policy. Flows of cultural and technical
information are overly restricted, while flows of personal
information often are not restricted at all. The author
investigates the institutional forces shaping the emerging
information society and the contradictions between those forces and
the ways that people use information and information technologies
in their everyday lives. She then proposes legal principles to
ensure that people have ample room for cultural and material
participation as well as greater control over the boundary
conditions that govern flows of information to, from, and about
them.
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