Il ciberspazio come ordinamento primitivo. Un’indagine sulla responsabilità oggettiva a partire da Society and Nature di Hans Kelsen

Abstract

This article intends to take seriously some difficulties inherent in the legal regulation of violent, offensive or harmful speech acts on the Internet. In particular, assuming that cyberspace can be thought of as a primitive order whose sanctions have a predominantly reputational nature, it will focus on the reflections on legal primitivism developed by Hans Kelsen starting from the study Society and Nature: A Sociological Inquiry (1943). As part of the discussion, it will clearly emerge how, historically, in the context of primitive systems, forms of strict liability have often been resorted to. In analogy with those historical experiences and in the absence of more mature forms of regulation, today the possibility of attributing offensive users’ speech acts to large active service providers seems equally confirmed.

Keywords

• strict liability
• cyberspace
• primitive order
• hans kelsen
• society and nature