{"title":"我们接受:Airbnb的章程","authors":"N. Sheffi","doi":"10.1080/20414005.2020.1859254","DOIUrl":null,"url":null,"abstract":"ABSTRACT This paper investigates the transformation of Airbnb as a platform for a more general reflection on the technological and technical constitution of domains, political platforms, and subjectivities. Part I explores the various (juridical and digital) technologies and techniques employed by the service provider to ‘fight discrimination and bias’, as well as to encode a world where everyone can ‘Belong Anywhere’. Part II draws on social systems theory and Gunther Teubner’s societal constitutionalism, rethinking the processes analysed in Part I in terms of auto-constitutionalisation. The auto-constitutionalisation of Airbnb, Part III suggests, instantiates the emergence of a new grammar of political action, epitomised by the Airbnb Terms of Service agreement, and a new generalisable mode of subjectivation: the standard formation of subjects.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"11 1","pages":"484 - 520"},"PeriodicalIF":0.0000,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2020.1859254","citationCount":"3","resultStr":"{\"title\":\"We accept: the constitution of Airbnb\",\"authors\":\"N. Sheffi\",\"doi\":\"10.1080/20414005.2020.1859254\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT This paper investigates the transformation of Airbnb as a platform for a more general reflection on the technological and technical constitution of domains, political platforms, and subjectivities. Part I explores the various (juridical and digital) technologies and techniques employed by the service provider to ‘fight discrimination and bias’, as well as to encode a world where everyone can ‘Belong Anywhere’. Part II draws on social systems theory and Gunther Teubner’s societal constitutionalism, rethinking the processes analysed in Part I in terms of auto-constitutionalisation. The auto-constitutionalisation of Airbnb, Part III suggests, instantiates the emergence of a new grammar of political action, epitomised by the Airbnb Terms of Service agreement, and a new generalisable mode of subjectivation: the standard formation of subjects.\",\"PeriodicalId\":37728,\"journal\":{\"name\":\"Transnational Legal Theory\",\"volume\":\"11 1\",\"pages\":\"484 - 520\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2020-10-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1080/20414005.2020.1859254\",\"citationCount\":\"3\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Transnational Legal Theory\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/20414005.2020.1859254\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Transnational Legal Theory","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20414005.2020.1859254","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
ABSTRACT This paper investigates the transformation of Airbnb as a platform for a more general reflection on the technological and technical constitution of domains, political platforms, and subjectivities. Part I explores the various (juridical and digital) technologies and techniques employed by the service provider to ‘fight discrimination and bias’, as well as to encode a world where everyone can ‘Belong Anywhere’. Part II draws on social systems theory and Gunther Teubner’s societal constitutionalism, rethinking the processes analysed in Part I in terms of auto-constitutionalisation. The auto-constitutionalisation of Airbnb, Part III suggests, instantiates the emergence of a new grammar of political action, epitomised by the Airbnb Terms of Service agreement, and a new generalisable mode of subjectivation: the standard formation of subjects.
期刊介绍:
The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.