The development of digital technologies and networks is changing social and economic frameworks with repercussions that involve the entire legal sphere. The changes will affect whole systems of models and rules and will lead to processes of legal evolution. The effects of these transformations are viewed from the perspective of transparency with respect to relationships; be they interpersonal, contractual or with the public authority. There are instances where, due to their complexity, the mechanisms and workings of these new technologies are unknowable to the legal systems whose job it is to maintain the changing needs for protection, especially when these technologies affect the more important aspects of public life. In this new digital landscape, the need to guarantee fundamental rights and freedom (in primis the dignity and right to selfdetermination of the individual) gives transparency renewed importance, to the point that it may be necessary to reevaluate its role in the ambit of common goods. In this context, with the analysis of various approaches, we would like to offer some subjects for reflection and suggest some paths of research that could be followed using legal and other instruments.

Changes in the Legal Sphere: Rethinking Transparency / Cozzio, Michele. - In: ITALIAN JOURNAL OF PUBLIC LAW. - ISSN 2239-8279. - ELETTRONICO. - 2019, 2:2(2019), pp. 624-656.

Changes in the Legal Sphere: Rethinking Transparency

michele cozzio
2019-01-01

Abstract

The development of digital technologies and networks is changing social and economic frameworks with repercussions that involve the entire legal sphere. The changes will affect whole systems of models and rules and will lead to processes of legal evolution. The effects of these transformations are viewed from the perspective of transparency with respect to relationships; be they interpersonal, contractual or with the public authority. There are instances where, due to their complexity, the mechanisms and workings of these new technologies are unknowable to the legal systems whose job it is to maintain the changing needs for protection, especially when these technologies affect the more important aspects of public life. In this new digital landscape, the need to guarantee fundamental rights and freedom (in primis the dignity and right to selfdetermination of the individual) gives transparency renewed importance, to the point that it may be necessary to reevaluate its role in the ambit of common goods. In this context, with the analysis of various approaches, we would like to offer some subjects for reflection and suggest some paths of research that could be followed using legal and other instruments.
2019
2
Cozzio, Michele
Changes in the Legal Sphere: Rethinking Transparency / Cozzio, Michele. - In: ITALIAN JOURNAL OF PUBLIC LAW. - ISSN 2239-8279. - ELETTRONICO. - 2019, 2:2(2019), pp. 624-656.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11572/254957
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