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This book explores the phenomenon of data - big and small - in the
contemporary digital, informatic and legal-bureaucratic context.
Challenging the way in which legal interest in data has focused on
rights and privacy concerns, this book examines the contestable,
multivocal and multifaceted figure of the contemporary data
subject. The book analyses "data" and "personal data" as
contemporary phenomena, addressing the data realms, such as stores,
institutions, systems and networks, out of which they emerge. It
interrogates the role of law, regulation and governance in
structuring both formal and informal definitions of the data
subject, and disciplining data subjects through compliance with
normative standards of conduct. Focusing on the 'personal' in and
of data, the book pursues a re-evaluation of the nature, role and
place of the data subject qua legal subject in on and offline
societies: one that does not begin and end with the inviolability
of individual rights but returns to more fundamental legal
principles suited to considerations of personhood, such as
stewardship, trust, property and contract. The book's concern with
the production, use, abuse and alienation of personal data within
the context of contemporary communicative capitalism will appeal to
scholars and students of law, science and technology studies, and
sociology; as well as those with broader political interests in
this area.
This book explores the phenomenon of data - big and small - in the
contemporary digital, informatic and legal-bureaucratic context.
Challenging the way in which legal interest in data has focused on
rights and privacy concerns, this book examines the contestable,
multivocal and multifaceted figure of the contemporary data
subject. The book analyses "data" and "personal data" as
contemporary phenomena, addressing the data realms, such as stores,
institutions, systems and networks, out of which they emerge. It
interrogates the role of law, regulation and governance in
structuring both formal and informal definitions of the data
subject, and disciplining data subjects through compliance with
normative standards of conduct. Focusing on the 'personal' in and
of data, the book pursues a re-evaluation of the nature, role and
place of the data subject qua legal subject in on and offline
societies: one that does not begin and end with the inviolability
of individual rights but returns to more fundamental legal
principles suited to considerations of personhood, such as
stewardship, trust, property and contract. The book's concern with
the production, use, abuse and alienation of personal data within
the context of contemporary communicative capitalism will appeal to
scholars and students of law, science and technology studies, and
sociology; as well as those with broader political interests in
this area.
This book is a provocative, interdisciplinary, and critical
appraisal of civil justice, property, and the laws that shape and
command them within capitalism. Dr. Herian's book is both a
complementary and countervailing narrative to many mainstream legal
accounts, one that critiques core and influential areas of legal
knowledge and practice. Central to the book's thesis is a rich
collaboration of ideas and perspectives that consider what is at
stake from institutions, concepts, and practices of equity and
civil justice tied to the subjective psychic life and the
unconscious desires of capitalist stakeholders. The book aims to
address several questions, including how capitalism has imagined
and shaped equity and civil justice since the nineteenth century;
how capitalism acts as a well-spring of desire for forms of justice
that wrap-around and sustain complex frameworks of private property
power and ownership; and how equity supports agile neoliberal
strategies of justice and reason in the twenty-first century.
As the distributed architecture underpinning the initial Bitcoin
anarcho-capitalist, libertarian project, 'blockchain' entered wider
public imagination and vocabulary only very recently. Yet in a
short space of time it has become more mainstream and synonymous
with a spectacular variety of commercial and civic
'problem'/'solution' concepts and ideals. From commodity
provenance, to electoral fraud prevention, to a wholesale
decentralisation of power and the banishing of the exploitative
practices of 'middlemen', blockchain stakeholders are nothing short
of evangelical in their belief that it is a force for good. For
these reasons and more the technology has captured the attention of
entrepreneurs, venture capitalists, global corporations and
governments the world over. Blockchain may indeed offer a unique
technical opportunity to change cultures of transparency and trust
within cyberspace, and as 'revolutionary' and 'disruptive' has the
potential to shift global socioeconomic and political conventions.
But as a yet largely unregulated, solutionist-driven phenomenon,
blockchain exists squarely within the boundaries of capitalist
logic and reason, fast becoming central to the business models of
many sources of financial and political power the technology was
specifically designed to undo, and increasingly allied to
neoliberal strategies with scant regard for collective, political
or democratic accountability in the public interest. Regulating
Blockchain casts a critical eye over the technology, its
'ecosystem' of stakeholders, and offers a challenge to the
prevailing discourse proclaiming it to be the great techno-social
enabler of our times.
As the distributed architecture underpinning the initial Bitcoin
anarcho-capitalist, libertarian project, 'blockchain' entered wider
public imagination and vocabulary only very recently. Yet in a
short space of time it has become more mainstream and synonymous
with a spectacular variety of commercial and civic
'problem'/'solution' concepts and ideals. From commodity
provenance, to electoral fraud prevention, to a wholesale
decentralisation of power and the banishing of the exploitative
practices of 'middlemen', blockchain stakeholders are nothing short
of evangelical in their belief that it is a force for good. For
these reasons and more the technology has captured the attention of
entrepreneurs, venture capitalists, global corporations and
governments the world over. Blockchain may indeed offer a unique
technical opportunity to change cultures of transparency and trust
within cyberspace, and as 'revolutionary' and 'disruptive' has the
potential to shift global socioeconomic and political conventions.
But as a yet largely unregulated, solutionist-driven phenomenon,
blockchain exists squarely within the boundaries of capitalist
logic and reason, fast becoming central to the business models of
many sources of financial and political power the technology was
specifically designed to undo, and increasingly allied to
neoliberal strategies with scant regard for collective, political
or democratic accountability in the public interest. Regulating
Blockchain casts a critical eye over the technology, its
'ecosystem' of stakeholders, and offers a challenge to the
prevailing discourse proclaiming it to be the great techno-social
enabler of our times.
This book is a provocative, interdisciplinary, and critical
appraisal of civil justice, property, and the laws that shape and
command them within capitalism. Dr. Herian's book is both a
complementary and countervailing narrative to many mainstream legal
accounts, one that critiques core and influential areas of legal
knowledge and practice. Central to the book's thesis is a rich
collaboration of ideas and perspectives that consider what is at
stake from institutions, concepts, and practices of equity and
civil justice tied to the subjective psychic life and the
unconscious desires of capitalist stakeholders. The book aims to
address several questions, including how capitalism has imagined
and shaped equity and civil justice since the nineteenth century;
how capitalism acts as a well-spring of desire for forms of justice
that wrap-around and sustain complex frameworks of private property
power and ownership; and how equity supports agile neoliberal
strategies of justice and reason in the twenty-first century.
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