The Non-Coherence Theory of Digital Human Rights

The non-coherence theory of digital human rights has wide academic and practical implications for conceptualization of the digital sphere.

Mart Susi (Author)

9781009407700, Cambridge University Press

Hardback, published 29 February 2024

340 pages
23.5 x 15.8 x 2.4 cm, 0.64 kg

Susi offers a novel non-coherence theory of digital human rights to explain the change in meaning and scope of human rights rules, principles, ideas and concepts, and the interrelationships and related actors, when moving from the physical domain into the online domain. The transposition into the digital reality can alter the meaning of well-established offline human rights to a wider or narrower extent, impacting core concepts such as transparency, legal certainty and foreseeability. Susi analyses the 'loss in transposition' of some core features of the rights to privacy and freedom of expression. The non-coherence theory is used to explore key human rights theoretical concepts, such as the network society approach, the capabilities approach, transversality, and self-normativity, and it is also applied to e-state and artificial intelligence, challenging the idea of the sameness of rights. This title is part of the Flip it Open programme and may also be available Open Access. Check our website Cambridge Core for details.

Introduction: the distorted image
Part I. The Contextual Challenges and Purpose of The Non-Coherence Theory of Digital Human Rights: 1. Horizontal and vertical governance models and normativity
2. The ontological dimension-reflections on distorted images and normative fragmentation
3. The epistemic dimension-rhetoric by and recognition of multiple actors
4. On the controversy about the relative weight of rights
5. Constitutional entitlements to human rights in the digital domain
Part II. Reflections On Some Theories and Doctrines: 6. The doctrine of the sameness of rights online and offline
7. Claims of new internet-specific human rights
8. The capabilities approach
9. The frankfurt school and normative order of the internet
10. The articulation and critical review of self-normativity
11. The transversality principle (Teubner)
12. Network society approach (Castells)
Part III. The Core Elements of The Non-Coherence Theory: 13. Doctrinal changes in scope and the meaning of human
14. The variance principle and digital transparency
15. Legal certainty and uncertainty
16. On foreseeability and non-foreseeability
17. Reflections from the academic debate
Part IV. The Impact of The Non-Coherence Theory: 18. The e-state and fundamental rights
19. Proportionality deficit paradox
20. Automated systems and artificial intelligence
Part V. Internet Balancing Formula: 21. The Internet Balancing Formula
22. Robert Alexy's views on the internet balancing formula
23. Reply to Alexy critique
In lieu of the concluding remarks – the trailer for the monograph.

Subject Areas: Human rights & civil liberties law [LNDC]