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Comparative law and cyberspace

In: A Research Agenda for Comparative Law

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  • Catalina Goanta

Abstract

Cyberspace and comparative law remain distant relatives. This chapter focuses on how comparative law can inspire the further study of cyberspace. It does so by first exploring the early nature of cyberspace as a sui generis legal system. Subsequently, legal pluralism and cyberspace are discussed, by particularly focusing on the private governance legal frameworks introduced by online platforms in the past decades, as well as the proliferation of a multitude of such frameworks operating in parallel to each other and to state law. Lastly, the chapter clarifies the role of comparative law in cyberspace today and in the future, and proposes research directions based on three classic strands of comparative law scholarship as inspiration for these directions: comparing and contrasting procedural and substantive norms; analysing the migration and transplantation of procedural and substantive norms from one legal order to another; and identifying various structural, substantive, historical characteristics pertaining to families of legal systems.

Suggested Citation

  • Catalina Goanta, 2024. "Comparative law and cyberspace," Chapters, in: Jaakko Husa (ed.), A Research Agenda for Comparative Law, chapter 9, pages 177-196, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:22599_9
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    File URL: https://www.elgaronline.com/doi/10.4337/9781035317509.00014
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    Keywords

    Law - Academic;

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