The role of official gazettes and journals in Web 2.0 is changing, and the new Web technologies are providing an opportunity to introduce new functionalities. Thus Le-gal XML is being widely adopted as a method for managing legal documentation. In this new dematerialized scenario (e-Law) the official gazettes, and the relative insti-tutional bodies, have to balance competing desiderata—XML expressiveness with the long-term preservation and integrity of documents—taking into account not only the technical aspects but also legal-philosophical considerations. One challenge will be to exploit technical advances to ensure the authenticity and validity of digital sources of law over time, all the while ensuring that system manipulations can be distin-guished from the original content issued by the law- or rule-making body. This paper presents some possible scenarios analyzing the characteristics that Legal XML should have if we are to achieve the goal of preserving the validity of digital legal documents over time for the generations to come.
Long-term Preservation and Legal Validity of E-Law
PALMIRANI, MONICA
2011
Abstract
The role of official gazettes and journals in Web 2.0 is changing, and the new Web technologies are providing an opportunity to introduce new functionalities. Thus Le-gal XML is being widely adopted as a method for managing legal documentation. In this new dematerialized scenario (e-Law) the official gazettes, and the relative insti-tutional bodies, have to balance competing desiderata—XML expressiveness with the long-term preservation and integrity of documents—taking into account not only the technical aspects but also legal-philosophical considerations. One challenge will be to exploit technical advances to ensure the authenticity and validity of digital sources of law over time, all the while ensuring that system manipulations can be distin-guished from the original content issued by the law- or rule-making body. This paper presents some possible scenarios analyzing the characteristics that Legal XML should have if we are to achieve the goal of preserving the validity of digital legal documents over time for the generations to come.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
