Book contents
- The Non-coherence Theory of Digital Human Rights
- The Non-coherence Theory of Digital Human Rights
- Copyright page
- Contents
- Acknowledgements
- Introduction
- Part I The Contextual Challenges and Purpose of the Non-coherence Theory of Digital Human Rights
- Part II Reflections on Some Theories and Doctrines
- Part III The Core Elements of Non-coherence Theory
- 13 Doctrinal Changes in Scope and the Meaning of Human Rights
- 14 The Variance Principle and Digital Transparency
- 15 Legal Certainty and Uncertainty
- 16 On Foreseeability and Non-foreseeability
- 17 Reflections from the Academic Debate
- Part IV The Impact of the Non-coherence Theory
- Part V Internet Balancing Formula
- In Lieu of the Concluding Remarks
- Index
17 - Reflections from the Academic Debate
from Part III - The Core Elements of Non-coherence Theory
Published online by Cambridge University Press: 22 February 2024
- The Non-coherence Theory of Digital Human Rights
- The Non-coherence Theory of Digital Human Rights
- Copyright page
- Contents
- Acknowledgements
- Introduction
- Part I The Contextual Challenges and Purpose of the Non-coherence Theory of Digital Human Rights
- Part II Reflections on Some Theories and Doctrines
- Part III The Core Elements of Non-coherence Theory
- 13 Doctrinal Changes in Scope and the Meaning of Human Rights
- 14 The Variance Principle and Digital Transparency
- 15 Legal Certainty and Uncertainty
- 16 On Foreseeability and Non-foreseeability
- 17 Reflections from the Academic Debate
- Part IV The Impact of the Non-coherence Theory
- Part V Internet Balancing Formula
- In Lieu of the Concluding Remarks
- Index
Summary
This chapter contains views expressed by eighteen human rights academics in response to two questions: what in your view are the three most influential ideas put forward during the last ten years on the topic of digital human rights? What in your view are the two or three most significant challenges related to digital human rights which necessitate conceptualisation from academia? As a generalisation, the following was concluded. The academic discourse on digital human rights takes non-coherence as an implicit condition. This theory will turn the implicit assumption into an explicit condition. This explicit condition needs to be applied to several concepts of the highest importance, pointed out the academics: digital constitutionalism, digital democracy, overlapping human rights systems and the typology of digital human rights law development.
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- The Non-Coherence Theory of Digital Human Rights , pp. 203 - 212Publisher: Cambridge University PressPrint publication year: 2024