Between Truth and Power : The Legal Constructions of Informational Capitalism

A work of ambitious interdisciplinary scholarship that explores the ways that law and technology interact. 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 US legal system underwent profound, tectonic shifts. Today, struggles over ownership of information-age resources and accountability for information-age harms are producing new systemic changes. 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. This book explores the relationships between legal institutions and political and economic transformation. It 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 changing in fundamental ways. We are witnessing the emergence of legal institutions adapted to the information age, but their form and their substance remain undetermined and are the subjects of intense struggle. One level for legal-institutional transformation involves baseline understandings of entitlement and disentitlement. Both lawyers and laypeople tend to think of legal entitlements as relatively fixed, but the ongoing transformation in political economy has set things in motion in ways that traditional accounts do not contemplate. In particular, the datafication of important resources and the shift to a platform-based, massively intermediated communications environment have profoundly reshaped both the organization of economic activity and the patterns of information exchange. The authority of platforms is both practical and normative, and it has become both something taken for granted and a powerful force reshaping the law in its own image. Another level for legal-institutional transformation involves the structure and operation of regulatory and governance institutions. Patterns of institutional change in the networked information era express a generally neoliberalized and managerialist stance toward the law's projects and processes. They reflect deeply embedded beliefs about the best uses of new technological capabilities to manage legal and regulatory processes and account for activities of legal and regulatory concern 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. 0In 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 fundamental0ways. 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 the0power relationships that such institutions reflect and reproduce.0A 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 "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, struggles over ownership of information-age resources and accountability for information-age harms are producing new systemic changes. 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 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."-- Provided by publisher 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, struggles over ownership of information-age resources and accountability for information-age harms are producing new systemic changes. 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.--publisher. Introduction -- Everything Old Is New Again, Or Is It? -- The Biopolitical Public Domain -- The Information Laboratory -- Open Networks And Closed Circuits -- The End(s) Of Judicial Process -- The Regulatory State In The Information Age -- Networks, Standards, And Transnational Governance Institutions -- The Future(s) Of Fundamental Rights -- Conclusion. Julie E. Cohen. Includes Bibliographical References (pages 277-355) And Index. Drawing from law, science and technology studies, cultural studies, and information studies to develop a complex theory of information power and institutional change, Between Truth and Power is a tour de force of ambitious interdisciplinary scholarship that has the potential to transform the entire field of scholarship on the Internet and society This work explores the relationships between legal institutions and political and economic transformation. It 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 changing in fundamental ways.