The Law of Virtual Legal Relations: E-Commerce

In 2012 it is certainly superfluous to write about the role and the significance of e-commerce. Only someone from another planet would need to be convinced both of its significance and of the need for its development as a prerequisite for economic development. Hence, I believe I do not need to talk about it. However, something else may be of interest.

In fact, there is e-commerce, e-banking, e-books, e-Croatia and there is finally also e-law. The latter concept has not been used thus far. I believe that upon the publication of this book the latter concept has become equal to the other e-concepts. Nevertheless, what is the meaning of the “e” prefix? The focus is not on electronic features of law or any other subject matter that the “e” prefix refers to. Upon the emergence of e-law it finally starts evoking the fact that, figuratively speaking, law neither stops nor starts at state borders, since it actually crosses these borders as if they were non-existent. This is actually the first time that law does not necessarily need to be linked with the state. In addition, this is the first time that the law does not presume an anticipatory activity of the state on creation of rules, but quite the opposite, it starts from the autonomy accepted at the international, or even more so, at the global level, rather than at the national level. The law, in the same way as the (Internet) network that it moves across, becomes a global phenomenon, which certainly gets its localisation everywhere. Nevertheless, global occurrence, as well as global action and understanding have actually remained the point of departure.

Hence, at this point when the “e” prefix is conducive to a new understanding of business, work and freedom everywhere, when that “e” shows the social strength of the global, local and individual level, it would be unusual to ask oneself whether the law that acquires this prefix is becoming itself identical to it. The law as the social relation can hardly remain isolated from these processes, it can perhaps direct and channel them, yet it can neither stop nor prevent them. Consequently, a conclusion needs to be reached that the law follows the same social understanding. True, because what is occurring as a social process actually, which is the case in everything, is certainly not the end of one way of understanding of life, work and law, but the beginning of something new, different, yet still something that has grown out of the previous stream of consciousness of humankind.

This book is actually an attempt to point out that the law as such in the new e-circumstances cannot be static and established predominantly on state or heteronomous slow sources of law. The law is becoming dynamic like the environment and the relations that it is striving to regulate through systematic attempts. In this way it can perhaps show everyone that through law itself and within the law, the horizons of the world are currently expanding. In addition, against the backdrop of the dynamic of uncertainty of occurrences and relations that are regulated, perhaps the containment of law is ceasing to be more mathematical and becoming a more creative, freer and even a slightly poetical activity. The latter would also be expected from those who are supposed to create and apply such a law.

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