DOI

The restrictions for disseminating certain kinds of information that is
considered publicly offensive and (or) dangerous has made topical a fundamental problem of the limits of reasonable interpretation and application of law to the contexts that could be characterized as
virtual, playful or otherwise non-serious. From the standpoint of interdisciplinary approach including mostly philosophy of law and game studies, the underlying problem reflected in the representative examples above, has substantial similarities with the “magic circle” concept
studied in the research direction that is conventionally called “videogame law”. However, existing theories of magic circle, both in game studies and law, are not satisfactory to resolve this problem. The article suggests that the solution can be found in theoretical sociology concept of “generalized symbolic media”. If an object of social relationship is an “external referent of value” of such media and has convertible “socio-currency value”, this means that such object is significant enough to be included into the scope of legal regulation. However, for the application of law to be appropriate without doubt, such an object should also share
functional similarity with the core meaning of the relevant legal norm. Together, these two criteria, conventionally designated as “the criterion of seriousness” and “the criterion of reality”, are necessary and sufficient to assert that interpretation and application of law is not absurd,
but reasonable in cases related to virtual reality that is characterized by possibility to include simulation that is out of scope of law.
Переведенное названиеПереосмысление "магического круга" в эпоху государственного контроля над Интернетом: уроки "права видеоигр" для современных практик юридического толкования
Язык оригиналаанглийский
Страницы (с-по)79-98
ЖурналLegal Issues in the Digital Age
Номер выпуска1
DOI
СостояниеОпубликовано - 2020

ID: 74782443