Cyberspace claiming new dynamism in the jurisprudential philosophy: A substantive analysis of conceptual and institutional innovation

Abstract

Purpose

The purpose of this paper is to focus on existing law, the legal system and jurisprudence circling round territorial concepts.

Design/methodology/approach

This paper is an opinion piece based on current and recent analysis of legal principle.

Findings

After the emergence of the internet as well as cyberspace, human activities are not confined solely to the physical world. They have been extended to a very different and peculiar non‐physical world. This world is everywhere and at the same time it is nowhere; and necessarily it is difficult to prescribe rules and enforce the same regarding cyberspace for its everywhere and nowhere proposition. The elementary concept of jurisprudence e.g. title, ownership and possession, etc. cannot be considered in the way we usually understand in case of real world. However, cyberspace has to be controlled by a legal framework that involves new ideas, leading to a new challenge in existing legal philosophy exclusively based on territorial concept.

Originality/value

Traditional territorial jurisprudence has to be revised in the light of cyber necessities arising out of high technological development. Moreover, certain new institutions have to be established in order to apply new principles in dispute settlement of cyber matters. This paper both identifies the need and options for the future.

Citation

Mahabubur Rahman, M., Aktaruzzaman Khan, M., Mohammad, N. and Osiur Rahman, M. (2009), "Cyberspace claiming new dynamism in the jurisprudential philosophy: A substantive analysis of conceptual and institutional innovation", International Journal of Law and Management, Vol. 51 No. 5, pp. 274-290. https://doi.org/10.1108/17542430910988883