Law, Technology, and the Butterfly Effect

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dialnet-ar-18-ART00009483272021-03-05Law, Technology, and the Butterfly EffectFriedman, Lawrence M.legal culturelaw and technologylegal changeExploring the insight of the butterfly effect from chaos theory, this article shows how technological transformation influences legal change. The argument is developed from a sociological and a historical perspective, comparing and contrasting social customs since the seventeenth century until today and showing the transformation of criminal offenses. In societies with a strict moral code, adultery, fornication, and sodomy were sexual crimes, even if victimless. After the sexual revolution, these conducts are no longer criminal. Explaining this phenomenon, the article identifies the change of attitude towards human nudity as an important factor and considers this change of legal culture to be a consequence of technological innovations related to personal hygiene, public health, and cleanliness. The taboo against nudity persisted because bathing was not considered healthy and there were no separate bathrooms in residences until the end of the nineteenth century. Examining nudism, the possibility of divorce and human rights protection, the article emphasizes the role of technology for the cultural revolution, and of culture for legal change. Another interesting example of the relationship between law and technology comes from the development of the automobile industry and the emergence of a series of laws to regulate exhaustively individual transportation. Moreover, the invention of antibiotics altered the expectation of the sick individuals who expect to be cured and, as a consequence, affected also the practice of torts and civil liability. The flap of wings of various butterflies led to the current setting.2016text (article)application/pdfhttps://dialnet.unirioja.es/servlet/oaiart?codigo=5440099(Revista) ISSN 2318-8081Revista Electrónica Direito e Sociedade - REDES, ISSN 2318-8081, Vol. 4, Nº. 1, 2016, pags. 1-1engLICENCIA DE USO: Los documentos a texto completo incluidos en Dialnet son de acceso libre y propiedad de sus autores y/o editores. Por tanto, cualquier acto de reproducción, distribución, comunicación pública y/o transformación total o parcial requiere el consentimiento expreso y escrito de aquéllos. Cualquier enlace al texto completo de estos documentos deberá hacerse a través de la URL oficial de éstos en Dialnet. Más información: https://dialnet.unirioja.es/info/derechosOAI | INTELLECTUAL PROPERTY RIGHTS STATEMENT: Full text documents hosted by Dialnet are protected by copyright and/or related rights. This digital object is accessible without charge, but its use is subject to the licensing conditions set by its authors or editors. Unless expressly stated otherwise in the licensing conditions, you are free to linking, browsing, printing and making a copy for your own personal purposes. All other acts of reproduction and communication to the public are subject to the licensing conditions expressed by editors and authors and require consent from them. Any link to this document should be made using its official URL in Dialnet. More info: https://dialnet.unirioja.es/info/derechosOAI

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Revista Electrónica Direito e Sociedade - REDES, ISSN 2318-8081, Vol. 4, Nº. 1, 2016, pags. 1-1

English

legal culture
law and technology
legal change

legal culture
law and technology
legal change
Friedman, Lawrence M.
Law, Technology, and the Butterfly Effect

Exploring the insight of the butterfly effect from chaos theory, this article shows how technological transformation influences legal change. The argument is developed from a sociological and a historical perspective, comparing and contrasting social customs since the seventeenth century until today and showing the transformation of criminal offenses. In societies with a strict moral code, adultery, fornication, and sodomy were sexual crimes, even if victimless. After the sexual revolution, these conducts are no longer criminal. Explaining this phenomenon, the article identifies the change of attitude towards human nudity as an important factor and considers this change of legal culture to be a consequence of technological innovations related to personal hygiene, public health, and cleanliness. The taboo against nudity persisted because bathing was not considered healthy and there were no separate bathrooms in residences until the end of the nineteenth century. Examining nudism, the possibility of divorce and human rights protection, the article emphasizes the role of technology for the cultural revolution, and of culture for legal change. Another interesting example of the relationship between law and technology comes from the development of the automobile industry and the emergence of a series of laws to regulate exhaustively individual transportation. Moreover, the invention of antibiotics altered the expectation of the sick individuals who expect to be cured and, as a consequence, affected also the practice of torts and civil liability. The flap of wings of various butterflies led to the current setting.

Article

Friedman, Lawrence M.

Friedman, Lawrence M.

Friedman, Lawrence M.

Law, Technology, and the Butterfly Effect

Law, Technology, and the Butterfly Effect

Law, Technology, and the Butterfly Effect

Law, Technology, and the Butterfly Effect

Law, Technology, and the Butterfly Effect

law, technology, and the butterfly effect

2016

https://dialnet.unirioja.es/servlet/oaiart?codigo=5440099

1709743410138578944