The Not-so-great Transformation

18 International Journal of Constitutional Law 1013 (2020)

Univ. of Wisconsin Legal Studies Research Paper No. 1774

15 Pages Posted: 22 May 2023 Last revised: 23 May 2023

See all articles by BJ Ard

BJ Ard

University of Wisconsin Law School

Date Written: September 19, 2020

Abstract

Many have attributed the excesses of private power in the digital age to the internet’s "lawlessness." Julie Cohen’s Between Truth and Power explains why this is a dangerous misconception. The law has not sat idle during the rise of informational capitalism; it has undergone extensive transformation and now facilitates corporate surveillance and manipulation on a global scale. Meanwhile, legal institutions have taken a turn towards managerialism and away from democratic accountability. Recognizing these transformations and the ideologies that motivate them is critical to grappling with the legal challenges of the digital era.

Keywords: Julie Cohen, Julie E. Cohen, Between Truth and Power, informational capitalism, platform law, platform regulation, manageralism, managerialization, deep capture, law and political economy

JEL Classification: K11, K20, N20, N30, N40, O14, O24, O31, O33, O34, O35, O38, Y30

Suggested Citation

Ard, BJ, The Not-so-great Transformation (September 19, 2020). 18 International Journal of Constitutional Law 1013 (2020), Univ. of Wisconsin Legal Studies Research Paper No. 1774, Available at SSRN: https://ssrn.com/abstract=4454747

BJ Ard (Contact Author)

University of Wisconsin Law School ( email )

975 Bascom Mall
Madison, WI 53706
United States

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