Following are the primary assumptions of
a legal system:
- Sovereignty: Law making power is a matter of sovereign
prerogative. As a result, the writ of sovereign authority runs throughout
wherever sovereign power exercises authority. Beyond its authority, the
sovereign cannot regulate a subject matter through legal intervention.
- Territorial
Enforcement: Any law in real world context
can only be subjected to predetermined territorial enforcements. There are
some exceptions to this. The sovereign authority could join extra
territorial jurisdiction in case of criminal law. This indicates that the
sovereign authority can initiate prosecution, even if the crime is
committed beyond the limits of the territory. The proceedings must comply
with the principle of 'double criminality', that is in both the countries,
the alleged act of commission must have been criminalized.
- Notion
of property: The obtaining premise of the
legal response considers 'property' as tangible and physical. In the cyber
context, 'property' in the form of digitized services or goods poses
serious challenges to this legal understanding. Also that the 'domain
names' raise fundamental questions.
- Paper-based
transaction: Obtaining legal response
considers and encourages people to create and constitute legally binding
relationships on the basis of paper- based transactions. Although the word
‘document’ under law takes within its fold material other than paper also.
Since in cyber context, digital or electronic record forms the basis of
electronic transactions. Hence, the transactions are on the basis of
electronic records.
- Real
relationships: Legal response considers
relationships quite often. In view of connectivity, pace and accuracy as
to transmission, in the cyber context, these relationships acquire unique
distinction of virtual character. In case of trade and commerce,
commercial transaction in the form of contracts constitutes the foundation
of legal relationship.
No comments:
Post a Comment