Journal of Information and Communication Research
Online ISSN : 2186-3083
Print ISSN : 0289-4513
ISSN-L : 0289-4513
PAPERS
Why is a General Theory needed for Information-related Laws?
Five Reasons and Ten Propositions
Koichiro HAYASHI
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2015 Volume 33 Issue 3 Pages 1-11

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Abstract
There are lots of legal disputes regarding information-related fields, most of which are judged or discussed depending upon traditional corporeal property-based laws. However, as information has different chracteristics from physical goods, we need a new way of thinking to respond to the new disputes. Moreover, scholars and practitioners specializing in information law are asked to respond to newly emerging problems every day, they do not have enough time to think about what is common behind these changing phenomena. Traditionally, legal studies consist of generals and particulars, but in the case of information-related law which is still being formulated, we need a general theory before generals part.
This paper starts with pointing out the differences between physical goods and intangibles, especially information from a legal perspective. These explanations mainly from legal interpretation aspects are combined with legal policy considerations focusing on Internet-governance. This paper describes five reasons why we need a general theory for informarion-related laws, together with ten propositions, which are expected to promote mutual understanding and enhance discussion.
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© 2015 JSICR
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