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Digitalization and Society

Edited By Bünyamin Ayhan

This book presents a collection of papers by researchers from several different institutions on a wide range of digital issues.

Digitalization describes the phenomenon of how knowledge is processed and the processed knowledge provides social transformations beyond digitization, interaction, annihilation of time and space, the phenomenon of usage in multimedia. Transformed is not only the society but also its mentality. Digitalization reveals a sui generis digimodern process by processing modern structures with the help of compulsory tools. This process is a reconstruction of social structures and institutions on the basis of the digitalization perspective. Each social institution adapts this process and provides a contribution to the digitalization of society.

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Digitalization and Law (Abdurrahman Savaş)

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Asst. Prof. Abdurrahman Savaş*

Digitalization and Law

Introduction

Law can be defined briefly as a set of rules governing the relationships between people. When it is considered from this point of view, it will be seen that law existed just before the emergence of government. With the emergence of government, rules of law entered into a different process in terms of their scope, sanctions they contain, and their source. As in this period, the effect of government on the creation and development of rules of law started to come into prominence. If it is especially looked at from the viewpoint of Continental Europe, well established codification works were performed once in about a 1,000 years and law was reshaped. It is seen that law was influenced by important social and political events during this development process. These can be defined as migrations, wars, and economic and technological developments. The effect of the industrial revolution also has an important place in development and change processes of law in the last two centuries. In this context, the freedom movement beginning with the French Revolution became influential in the field of public law, especially in the formation of constitutional, administrative, and tax laws. On the other hand, economic and technological effects of the industrial revolution became influential in the fields of commercial law, law of obligations, and labor law. Many concepts such as trademarks, patents, and intellectual property emerged, and new contract types...

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