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The Dehumanisation

of Law. The Dehumanisation. Nicholas J. Gervassis SCRIPT/AHRC Centre University of Edinburgh,School of Law. Digital Reflections. Was Law ever “Humanised” in the first place?. Question 1: . 1. The Humanisation of Law. spreading of the “modern constitution” model .

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The Dehumanisation

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  1. of Law The Dehumanisation Nicholas J. Gervassis SCRIPT/AHRC Centre University of Edinburgh,School of Law Digital Reflections

  2. Was Law ever “Humanised” in the first place? Question 1:

  3. 1. The Humanisation of Law • spreading of the “modern constitution” model • Post-WWII international juridico-political awareness &mobilisations • The use of natural rights in Western Law’s historical development • the political project of making justice just • the coupling of ‘humanism’ with ‘citizenship’

  4. How is Law dehumanised? Question2:

  5. 2. The Dehumanisation of Law • the systemic shrinking of the human rights rhetoric • the undermining of human rights by economic liberalism and risk assessments • the vanquishing of human rights under positivistic extremisms in law

  6. How is the dehumanisation of Law affecting our online existence (if actually at all!)? Question 3:

  7. 3. Digital Reflections • Analysis of Internet-related U.S. and E.U. laws from the 80’s to the late 00’s 1. Social concerns of U.S. legislation reflecting rather conservative ethics than expressing actual human rights rationales (CDA, COPA etc) 2. Intellectual property laws (DMCA, NET) determined the online dimensions of citizenship one-sidedly 3. Legislation that conferred actual human rights scope imposed milder effects on society; would be unattended and downplayed in its practical developmental trajectory, or systemically (and systematically) undermined 4. The regulation of the Net following technocratic directions, even where the human rights perspective is visible, yet in the end it is being neutralised 5. Replacing the citizen/human being with market society subjectivities/tropes (‘the consumer’)

  8. 3. Digital Reflections • Analysis of Internet-related U.S. and E.U. laws from the 80’s to the late 00’s 1. Social concerns of U.S. legislation reflecting rather conservative ethics than expressing actual human rights rationales (CDA, COPA etc) 2. Intellectual property laws (DMCA, NET) determined the online dimensions of citizenship one-sidedly 3. Legislation that conferred actual human rights scope imposed milder effects on society; would be unattended and downplayed in its practical developmental trajectory, or systemically (and systematically) undermined 4. The regulation of the Net following technocratic directions, even where the human rights perspective is visible, yet in the end it is being neutralised 5. Replacing the citizen/human being with market society subjectivities/tropes (‘the consumer’)

  9. of Law The Dehumanisation Nicholas J. Gervassis SCRIPT/AHRC Centre University of Edinburgh,School of Law Digital Reflections

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