Actes de la conférence LVI04 Law via the Internet Conference, Paris nov. 2004
 

First Round Table: The Juridical Internet: New Means, New Inequalities. Graham GREENLEAF The Free Access to Law via the Internet - A New Guarantee for Democracy within a New Sphere in the Struggle for Influence

The 4 November 2004, by Graham Greenleaf,

Professor Graham Greenleaf, Law Professor, Co-Director of AustLII, University of New South Wales Faculty of Law, Australia

Graham Greenleaf is a Professor of Law at the University of New South Wales, Sydney, Australia, where he specialises in the relationships between information technology and law. He teaches and researches in the areas of cyberspace law, privacy, computerisation of law and intellectual property. In 2001-02 he was a Distinguished Visiting Professor in the Faculty of Law, University of Hong Kong.

He is a co-founder and Co-Director of the Australasian Legal Information Institute (AustLII), and of the World Legal Information Institute (WorldLII). He is also the founder and Co-Director of the Baker & McKenzie Cyberspace Law and Policy Centre. From 1997-2003 he was the International Consultant for the Asian Development Bank’s Project DIAL (’Development of the Internet for Asian Law’)’.

He has published over 200 articles in his areas of research, is co-author of books on legal research and IT in complex criminal trials, and since 1994 has been General Editor of the monthly Privacy Law and Policy Reporter. In 2002 he and his AustLII colleagues were finalists in the Law section of the World Technology Awards.

Title: Full free access to law: Global policy aspects of law’s digital commons

The importance and value of free access to both our own national law and to the law of other countries is first outlined. What is the best strategy to achieve this goal on a global basis, particularly in developing countries ?

I outline a strategy which has been advocated by AustLII for a decade, based on governments recognising and facilitating the right of third parties to republish a country’s essential legal information: a model of competitive republication. A corollary is that free access government legal web sites are not enough: We need free speech, not just free beer, in relation to legal information.

The strategies advocated by three other theorists (each of whom has wide practical experience) are examined to locate similarities to and differences from those we advocate:
- Prof Jon Bing (NRCCL, Oslo), who advocates what may be regarded as a more ’statist’ solution;
- Mr Tom Bruce (LII, Cornell), who advocates a model of distributed self-publication of law by its sources;
- Prof Daniel Poulin (LexUM, Montreal), whose views are closest to our own, but who adds emphasis on decentralisation and open source tools.

These models are compared with three other developments with which they resonate, and which may contribute new elements to the model:

- (i) The Declaration on Free Access to Law adopted since 2002 by the Legal Information Institutes involved in the free access to law movement;
- (ii) The European Directive of 2003 on the re-use of public sector information;
- (iii) The new theories of the public domain, particularly as expressed in the Creative Commons / iCommons movement.

In conclusion, I identify the implications of the approach we advocate for the growing global network of free access to law providers.

 

In the same section

The Dematerialization of the Development of Procedures for Texts to be Published at the “Journal Officiel de la République Française”
Codification and Consolidation Design Techniques for Computer-Assisted Standardization : The Experience of the General Direction of Local Collectivities
Point in time Publication for Legislation (XML and Legislation)
The Consolidation of Codes, Laws and Decrees: Editorial Doctrinal Positions or State Responsibility? (The Aim of the Constitutional Value of Intelligibility and Accessibility to Law)
Implementation of a legislative publication system in the CanLII project: solutions, learnings and future perspectives
The European Legal Information Network in Europe (LINE) Project
Networking European Legal Sites : Experiences and Challenges
Eur-Lex/Celex : a new access to the European Union law
Ignorance is no Defence, but is Inaccessibility? On the Accessibility of National Laws to Foreign Online Publishers
The Global Legal International Network (GLIN) Project
State Internet Management of Multilateral International Commerce Treaties
Madagascar: A New Strategy in Legislative Dissemination
Circulation and Convergence of International Juridical Norms: WorldLII’s International Courts and Tribunals Project
Adding Hyperlinks to the English and Chinese documents in HKLII: Problems and Solutions
First Round Table: The Juridical Internet: New Means, New Inequalities. Graham GREENLEAF
First Round Table: The Juridical Internet: New Means, New Inequalities. Ivan MOKANOV
First Round Table: The Juridical Internet: New Means, New Inequalities. Liliane RUEFF
First Round Table: The Juridical Internet: New Means, New Inequalities. Bénédicte FAUVARQUE COSSON
Welcome Speech
Conference Opening Speech
Transfer of the Conference : Sydney - Paris
Opening of the first day of the main session : The Creation, Evolution and Dissemination of Law on line
Moderation of the 1st session : The Creation and Evolution of Law : Towards Assisted Systematic Edition, Automated Codification and Consolidation
Moderation of the 2nd session : The Dissemination of Law: The Distribution and Convergence of Network Standards
Presidency of the First Round Table: The Juridical Internet: New Means, New Inequalities
Moderation of the First Round Table: The Juridical Internet: New Means, New Inequalities
First Round Table: The Juridical Internet: New Means, New Inequalities. Ginevra PERUGINELLI
 

In connection with this article

Imprimer cet article
Last update on :
24 October 2004
Statistics of the article :
64 visitors today
19825 cumulated visitors
All the versions of this article:
français

 
 
SPIP 1.9.1 | BliP 2.2 | XHTML 1.0 | CSS 2.0 | RSS 2.0 | Private area
Visitors per day (office plurality) : 5020 (2506077)