CYBER JURISPRUDENCE, AN ANALYTICAL NEW APPROACH IN CYBER SPACE LAW
S J Tubrazy
Analytical approach which treats of the dogma or exposition of the abstract principles of law as it exits, always has been a basic of formation of any code of law, which is dire need of society. Other approaches of philosophy of law like historical or ethical always lend a hand and assist to form a law but analytical approach provide basics to any law, as analytical approach always concern to basic principles, treatment of complex idea or concept, examine of the relation between the civil law and other forms of law, study of the legal sources of law, treatment of rights their kinds and classes and their creation and deal with legal liabilities etc.
With the advent of digital telecommunication technology, computer and internet various kinds of issues and concerns are being faced by the man of today, these issues never ever been met hand-on by man in real world, before. The concerns relating to the computer and internet in fact are new phenomena of cyber space and in real world as well. The existence and form of things in cyber space may be different while the rights and liabilities may be the same.
The legal electronic realm is being developed, the rights and liabilities have to be fixed, legal electronic documents are being formed, jurisdiction and court venues are being determined and online ethics is being emphasized etc all these required a specific philosophy of law to envelop all the issues and propositions of cyber space that would be cyber jurisprudence.
Legal issues relating to the electronic and internet in this contemporary world as being necessitated of new kind of jurisprudence. Cyber jurisprudence gives an analysis of the law where, is no land and even there is no border, where all things may be different from the physical world, they may be virtual from origin and nature.
Certain fundamental conceptions have to be grasped before the particular provision of law relating to them can be properly understood e.g. ownership, possession, jurisdiction, liability, rights etc in the realm of cyber space, these form subject of cyber jurisprudence. Without studying cyber jurisprudence, it will not be possible to understand any specific rules of cyber law. The cyber jurisprudence may therefore be described as ‘the eye of cyber law’.
We may find virtual world with virtual rules and policies, along with the virtual subject matter, virtual contract, virtual disputes, virtual property, virtual possession and virtual court. Cyber jurisprudence deals with the composite idea of cyber jurisdiction and cyber court’s venue in the cyberspace. It emphasis to recognize cyber uniform rules and policies at international level, it also discusses with the netizens and netiquates.