CYBERSPACE AND THE INFORMED RATIONALITY OF LAW

Abstract

Pervasive use of information system forms an irresistible force in shaping nearly all lives of our society. It poses great challenge to the previous legal system and requires special attention from the academic field. The purpose of this article is to identify potential change of legal systems in cyberspace, and to deal with the correlation between enhancement of legal literacy and the informed rationality. The article applies Weber’s two-dimensional coordinate system comprised of “formality” and “rationality” and expands it into a three-dimensional model by distinguishing “informability” and “uninformability”. The article also considers the relationship between internal and external control over the cyberspace order. Finally, the article discusses the infeasibility of the idea of computerized justice system