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Manual: Legal design
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nierzadko posługuje się językiem skomplikowanym, przez niektórych określanym jako hermetyczny, ale tylko wtedy, kiedy poziom opisu problemu sięga metaanalizy i dotyczy wybitnie abstrakcyjnych obszarów teorii komunikacji i designu. tam, gdzie to było możliwe, starałem się schodzić do poziomu wewnątrzsystemowego – manifestacyjnego opisu zagadnienia z przywołaniem stosownych przykładów. pokornie liczę na wyrozumiałość czytających wobec tej niestabilnej poetyki. w tym miejscu pozwolę sobie przytoczyć słowa michaela fleischera, który zakończył swoją książkę o podobnym tytule communication design na wstępie książkę tak: „proszę tylko jeszcze o wyrozumiałość, jeśli niektóre części książki wypadły bardziej (a może nawet nazbyt) osobiście, niż to w typowych publikacjach zwykle ma miejsce. próbuję w ten sposób podkreślić, jak bardzo zależy mi na tym, o czym tu piszę” (fleischer 2010a: 290). również ja proszę o wyrozumiałość z tych samych powodów.
In this paper, we propose the need for a metatheory approach for Legal Design. Such an integrative conceptual approach is necessary to address the complexity of the legal system and its multidimensional challenges through several sensemaking lenses and explanatory frameworks, as society moves from consumption and recently communication into a creative one. As a multi-lens approach, a Legal Design metatheory may leverage from different disciplines in order to propose a robust theoretical foundation that helps to make sense of the experience and practice of Legal Design. In order to foster the academic discussion we propose some theories from which a metatheory could be built on namely (i) autopoietic systems (Maturana & Varela, 1980) (ii) social systems theory from Luhmann (1990) and (iii) creative systems theory by Iba (2010) and (iv) Design theory by (Mckim 1959 and Kerry-Pessaris, 2018). The meta-theory focuses on the emergence of social-legal change from the interaction between psychic, social-legal and creative systems while proposing Legal Design as a network to facilitate the coupling of these systems. Legal Design as a network requires media in the form of conceptual models and frameworks to support the practice of legal design. To exemplify this media, the paper leverages a Design research model: the Dimensions of Engagement model for radical innovation breaks (Edelman 2011, 2012). The discussion we aim to promote is which theories can provide the foundations of metatheory for Legal Design to address the emergence of change in the creative legal society.
In this paper, we propose a new approach to Legal Design. Such an integrative conceptual approach is necessary to address the complexity of the legal system and its multidimensional challenges through several sense-making lenses and explanatory frameworks. As society moves from consumption and recently communication into digitalization. As a multi-lens approach, a Legal Design framework theory may leverage from different disciplines in order to propose a robust theoretical foundation that helps to make sense of the experience and practice of Legal Design. In order to foster the academic discussion, we propose some theories from which a framework theory could be built on namely (i) autopoietic systems (Maturana/Varela 1980) (ii) social systems theory from Luhmann (1990) and (iii) autoreferential systems theory by Iba (2010) and (iv) Design theory by (Mckim 1959). Our new approach to legal theory focuses on the emergence of socio-legal change from the interaction between psychic, socio-legal and creative systems while proposing Legal Design as a network to facilitate the structural coupling of these systems. Legal Design as a network requires media in the form of conceptual models and frameworks to support the practice of legal design. To exemplify this media, the paper leverages a Design research model: The Dimensions of Engagement model for radical innovation breaks (Edelman 2011, 2012). The discussion we aim to promote is which theories can provide the foundations of a framework theory of Legal Design to address the emergence of change in the digital legal society.
This edition makes Susskind’s highly-acclaimed and best-selling book available in paperback, and includes a new and substantial preface by the author. His book demonstrates why the future of the law is digital. It shows why and how IT is radically altering and will alter further the practice of law and the administration of justice. Beyond automating and streamlining traditional ways of providing legal advice, IT is re-engineering the entire legal process, resulting in legal products and information services focused on dispute pre-emption rather than dispute resolution, and legal risk management rather than legal problem solving. With easy and inexpensive access available, IT will help to integrate the law with business and domestic life. This book explores the implications, opportunities, and challenges presented by the information society as it irrevocably changes how law will be practised and justice administered. In this paperback edition, the author provides a substantial new preface which develops many of his central themes and takes account of likely developments in technology. The message for lawyers remains a stark one: in order to guarantee a stake in the legal system of the future, lawyers must adapt their working practices or die. The message for everyone else is an empowering one: they can now demand radically improved legal services, and if lawyers cannot provide this, many others will. From the reviews of the hardback: ‘A work of considerable scholarship and significance ... The Future of Law maps out a way forward in uncertain, but exciting, times. This ought to beand in due course will becompulsory reading for civil servants in the Lord Chancellors Department. This is not simply a book for computer enthusiasts. The general reader will gain particular benefit from this book. As just such a one, but with aspirations to be otherwise, I benefited enormously.‘ The ObserverR ‘The book’s style is welcoming and describes a convincing scenario which law firms must address or discount if they wish to survive the onset of the virtual community. This work is strongly recommended to all persons involved, however tangential, in the provision of legal services and for those who seek to make use of them.’ New Law Journal ‘There are 40 pages of practical advice for solicitors practices of all sizes offering gravy-soaked chunks of prime consultancy that are worth the price of the book. You should read this book if you are at all interested in the development of legal practice to enable you to make sufficiently informed decisions for securing the future you would wish for your practice.' Law Society Gazette
With reference to the assumptions of the sociological theory of communication of social systems, its understanding of society and its media, the article deals with the issue of how the change of social communication dictated by the digitalization of media changes society. Society accepts the presence of digitization but looks for fields to criticize the non-reflective development of its routine. An example is the movie The Matrix, to which the analysis relates. The examples show what the technology of technical communication and self-learning (artificial intelligence) is already able to do today. The article summar-izes that the introduction of media 4.0 to communication — with their example of invisible machines — is consent to their “participation” (in an automated but effective form) in the creation of society. This influences the autopoietic notion of society developed by systems theory.
The paper presents the theory of legal system polycentricism from a new perspective, i.e. the one integrating essentially contradictory concepts which explain this phenomenon in the context of the Polish jurisprudence. Apart from attempting to establish “common features” of these well-known concepts explaining the essence of polycentricism in the legal field, the presented point of view pertains to defining the relationship between the phenomenon of polycentricism from the legal discourse theory perspective and the Luhmann’s systems theory. The paper aims to prove the thesis that at present the legal system is internally taking on (transforming into) the heterogeneous type of internal structure due to interaction with already polycentric non-juristic domain, i.e. the social one.
Fulfilling the legal requirements of mandated disclosure is a challenge in many contexts. Privacy communication is no exception, especially for those who seek to effectively inform individuals about the use of their data. Lawyers across countries and industries are facing recurring problems when (re)writing privacy notices and terms. Visual and interactive design patterns have been suggested as the solution, yet our analysis shows that they are lacking on most privacy policies. This indicates the need for standardization and an actionable pattern library, which we propose in this paper.