{"title":"虚拟坟墓:虚拟社会新现象的法律规制","authors":"Grzegorz Tylec, Joanna Szegda","doi":"10.1080/13600834.2020.1732037","DOIUrl":null,"url":null,"abstract":"ABSTRACT The main goal of this paper is to answer the question whether virtual cemeteries are becoming a new element of the death and funeral ritual and because of that cause legal conflicts. The article is based on the literature review, social observation and analysis of the virtual cemeteries. Also, the formal dogmatic approach was used to analyze whether this phenomena can lead to legal conflicts. The analysis discover that virtual mourning practices help the users to cope with mourning and grief after the death of a loved one, they supplement the commemoration of the dead in the real world and assist with carrying out funeral rituals. It also discovered that the application of legal regulations concerning traditional graves to virtual ones does not always give satisfactory results, although it does show a direction in which the legislators should go if they want to regulate this issue.","PeriodicalId":44342,"journal":{"name":"Information & Communications Technology Law","volume":"29 1","pages":"135 - 150"},"PeriodicalIF":1.8000,"publicationDate":"2020-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/13600834.2020.1732037","citationCount":"0","resultStr":"{\"title\":\"A virtual grave: legal regulations of a new virtual social phenomenon\",\"authors\":\"Grzegorz Tylec, Joanna Szegda\",\"doi\":\"10.1080/13600834.2020.1732037\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT The main goal of this paper is to answer the question whether virtual cemeteries are becoming a new element of the death and funeral ritual and because of that cause legal conflicts. The article is based on the literature review, social observation and analysis of the virtual cemeteries. Also, the formal dogmatic approach was used to analyze whether this phenomena can lead to legal conflicts. The analysis discover that virtual mourning practices help the users to cope with mourning and grief after the death of a loved one, they supplement the commemoration of the dead in the real world and assist with carrying out funeral rituals. It also discovered that the application of legal regulations concerning traditional graves to virtual ones does not always give satisfactory results, although it does show a direction in which the legislators should go if they want to regulate this issue.\",\"PeriodicalId\":44342,\"journal\":{\"name\":\"Information & Communications Technology Law\",\"volume\":\"29 1\",\"pages\":\"135 - 150\"},\"PeriodicalIF\":1.8000,\"publicationDate\":\"2020-02-26\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1080/13600834.2020.1732037\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Information & Communications Technology Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/13600834.2020.1732037\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Information & Communications Technology Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/13600834.2020.1732037","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
A virtual grave: legal regulations of a new virtual social phenomenon
ABSTRACT The main goal of this paper is to answer the question whether virtual cemeteries are becoming a new element of the death and funeral ritual and because of that cause legal conflicts. The article is based on the literature review, social observation and analysis of the virtual cemeteries. Also, the formal dogmatic approach was used to analyze whether this phenomena can lead to legal conflicts. The analysis discover that virtual mourning practices help the users to cope with mourning and grief after the death of a loved one, they supplement the commemoration of the dead in the real world and assist with carrying out funeral rituals. It also discovered that the application of legal regulations concerning traditional graves to virtual ones does not always give satisfactory results, although it does show a direction in which the legislators should go if they want to regulate this issue.
期刊介绍:
The last decade has seen the introduction of computers and information technology at many levels of human transaction. Information technology (IT) is now used for data collation, in daily commercial transactions like transfer of funds, conclusion of contract, and complex diagnostic purposes in fields such as law, medicine and transport. The use of IT has expanded rapidly with the introduction of multimedia and the Internet. Any new technology inevitably raises a number of questions ranging from the legal to the ethical and the social. Information & Communications Technology Law covers topics such as: the implications of IT for legal processes and legal decision-making and related ethical and social issues.