Date of this Version

12-15-2017

Document Type

Conference Proceeding

Publication Details

Published version

Svantesson, D. J. B. (2017). Black letter law. In D. Keller (Ed.), Law, Borders, and Speach: Proceedings and Materials (pp. 31-37). Stanford: The Center for Internet and Society.

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Copyright © The Authors, 2017

Distribution License

Creative Commons Attribution 4.0 License
This work is licensed under a Creative Commons Attribution 4.0 License.

Abstract

[Extract] The topic of how well the tool of black letter law works in the Internet law setting is of course huge, and associated with obvious definitional challenges. To point to but one; how ought we define “black letter law” in our present legal culture where legal rules necessarily must take account of the technical reality in which they operate? Indeed, given Wikipedia’s definition of “black letter laws” as laws that are “the well-established technical legal rules that are no longer subject to reasonable dispute,” one may legitimately question whether we can speak of any real black letter law within our field of enquiry. Fortunately, however, the panel was asked to approach only the more concrete topic identified in the description above.

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