{"title":"Conclusions","authors":"M. Kettemann","doi":"10.1093/oso/9780198865995.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780198865995.003.0008","url":null,"abstract":"The concluding chapter sums up the main themes of the book: this study has established the emergence of a normative order of the internet. This order integrates norms that are materially and normatively connected to the use and development of the internet at three different levels (regional, national, and international), of two types (privately and publicly authored), and of different character (from ius cogens to technical standards). The consideration of the initial hypotheses, as addressed in the preceding chapters, is summarized and brought together here, demonstrating the logical progression and overall coherence of the study’s discussion, arguments, and final conclusions.","PeriodicalId":284414,"journal":{"name":"The Normative Order of the Internet","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124859132","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Foundations of Online Order","authors":"M. Kettemann","doi":"10.1093/OSO/9780198865995.003.0002","DOIUrl":"https://doi.org/10.1093/OSO/9780198865995.003.0002","url":null,"abstract":"Chapter 2 opens with a foundational analysis of regulatory approaches to technology. In particular, the chapter’s sections sketch the regulation of ICTs through time, the criticality of the internet in its societal context, and the importance of protecting the internet in the common interest. Thereafter, special challenges of internet regulation are examined, including the role of non-state actors (intermediaries) and the flexible use of non-traditional regulatory means, such as code and algorithms. The chapter concludes with a consideration of which of the study’s hypotheses as to the hybridity of the internet and the importance of values-based normativity are borne out by the foregoing analysis.","PeriodicalId":284414,"journal":{"name":"The Normative Order of the Internet","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127626946","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Normative Order of the Internet","authors":"M. Kettemann","doi":"10.1093/OSO/9780198865995.003.0006","DOIUrl":"https://doi.org/10.1093/OSO/9780198865995.003.0006","url":null,"abstract":"Chapter 6 presents in detail the normative order of the internet based on the notion of a necessary identification of, and turn toward, a nomos of the internet, which is embedded in, and configures, the normative order of the internet. The study shows that this order has many facets, contains national, international, public, and private norms, but has importantly developed its own normative logic, instruments and rules on the relation of actors and its own conception of the legitimacy of norms. The normative order provides a normative infrastructure in which the internet’s nomos, including its means of normative production and justification, are anchored. The study will determine norms belonging to the normative order of the internet to be those that have a material (non-trivial) and a normative (not merely factual) connection to the internet as a network of networks. These norms will be shown to be formally and materially legitimated. Formal legitimation will be shown to be achievable through symbolic validation through norm emergence in processes involving multiple actors. Material legitimation is possible through norms being determinate enough for their purpose (thus allowing for non-binding instruments), coherent with the core principles of the normative order of the internet, consonant with the order’s values as expressed in its principles, and adhering systematically to the normative order as a whole.","PeriodicalId":284414,"journal":{"name":"The Normative Order of the Internet","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133358721","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Normative Order of the Internet in National Legal Orders","authors":"M. Kettemann","doi":"10.1093/OSO/9780198865995.003.0007","DOIUrl":"https://doi.org/10.1093/OSO/9780198865995.003.0007","url":null,"abstract":"Chapter 7 takes a close look at the norms of the normative order of the internet and studies how they are integrated into national legal orders and especially how non-traditional norms, such as standards and soft law—a legal “tertium” next to national and international law—are legitimated through national legal processes. The chapter shows that national legal orders have recognized international law and national law. Monism and dualism have emerged to explain how the two dominions relate to each other: the choices range from subordination to coordination with varying primacies. Together with global constitutionalists, the study goes beyond this debate. It will argue that this tertium of normativity has been recognized by national orders: normative instruments that are neither “national” law nor “international” law, but part of the normative order of the internet. This enrichment of the legal vocabulary has been called a “change in the composition of the medium of law” by Jürgen Habermas.","PeriodicalId":284414,"journal":{"name":"The Normative Order of the Internet","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130911147","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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