The Matrix of Law: From Paper, to Word Processing, to Wiki

Abstract

Fifteen years ago, François Ost proposed a conceptual framework, known as the “word processing” model, to analyse and understand the evolution of law-making since the advent of the Information Society. This paper presents and discusses the accuracy of this model in the current context. Sketching out regulation as the new underlying logic of postmodern societies’ legal framework and networked law, the paper also draws attention to the phenomenon known as regulatory marketing. Arguing that law is now “in transit” and that the coherence of legal frameworks has been lost, the paper proposes to update François Ost’s word processing model to that of the Wiki, a utopic new paradigm to understand and produce law in the 21st century society.

Keywords: Legal Theory, Law & Technology, Networked Law, Information Society