Recordkeeping, Ethics and Law: Regulatory Models, Participant Relationships and Rights and Responsibilities in the Online World

ISBN-13: 9781402046919 / Angielski / Twarda / 2006 / 324 str.

Livia Iacovino

Opis

Distributed networks such as the Internet have altered the fundamental way a record is created, captured, accessed and managed over time, and therefore who controls, has access to, and is responsible for its authenticity. Law and ethics provide the major sources of regulatory controls over participants in such networks. This book analyses the interrelationship of recordkeeping, ethics and law in terms of existing regulatory models and their application to the Internet environment. It proposes the legal and social relationship model as an analytical tool for identifying the rights and obligations of recordkeeping participants in networked business transactions within communities of common interest based on trust. The model is also used to examine the legal concepts of property, access, privacy and evidence, with particular reference to its Internet context. As legal relationships have their basis in the law of obligations found in both common and civil law systems, as well as archival science, the model has a broad-based application. The approach in this book has been to reconcile a number of archival traditions - the common strands rather than the differences, in particular concepts of identity, trust, acts, actors, and social relationships - as fundamental concepts to social regulation. It is therefore primarily directed to archives and records academics and practitioners (especially those working within the realm of electronic records), in order to provide them with a sound theoretical and practical knowledge of the legal and ethical dimensions of records created in distributed environments."

Recenzje

"... substantial book for the advanced practitioner, PhD student, teacher or scholar and related disciplines, particularly law." -  M Todd, Records Management Journal, 17 (2), 2007

"Iacovino is a notable recordkeeping academic and this book is a testimony to the depth of her expertise in the recordkeeping-ethics-law nexus and the rigour of her academic research."  - Archives and Manuscripts, 35 (2) Nov. 2007, p. 130

Spis treści

Preface. Introduction. Intellectual frameworks, interdisciplinary discourses and interrelationships. Recordkeeping, ethical and legal discourses. 1. The recordkeeping-ethics-law nexus and recordkeeping regulatory models 1.1 Law, ethics and regulation. 1.2 Recordkeeping regulatory models. 1.2.1 The warrant and juridical models. 1.2.2 Comparative aspects: the juridical and warrant models as implementation models. 1.3 Implementing regulatory models for recordkeeping regimes in specific organisational contexts. 1.3.1 Regulatory environment. 1.3.2 Categorising and identifying regulatory sources. 1.3.3 Records retention. 2. Identity, trust, evidence and the recordkeeping nexus. 2.1 Identity and trust in communities of common interest. 2.1.1 The nature of community. 2.1.2 Community, identity and value systems. 2.1.3 Communities of common interest. 2.1.4 Communities as boundaries. 2.1.5 Trust and communities of common interest. 2.2 Trustworthy records: diplomatics, Italian archival science and the records continuum model. 2.2.1 A trustworthy record. 2.2.2 Documentary form and trustworthy records in diplomatics and archival science. 2.2.3 Electronic documents and trustworthy records. 2.3 Rules of evidence and trustworthy records. 2.3.1 Documentary evidence within the common law system. 2.4 Record reliability and authenticity and the principles of evidence. 2.4.1 Documentary exceptions to hearsay and record reliability. 2.4.2 The best evidence rule and record integrity. 2.4.3 Evidence legislation and record trustworthiness. 2.4.4 Record as process and evidence law. 3. Legal and social relationships and the recordkeeping nexus. 3.1 Legal and social relationships: jurisprudential and ethical dimensions. 3.1.1 A legal relationship as a jurisprudential concept. 3.1.2 An ethical dimension of a legal relationship. 3.1.3 Trust and social relationships. 3.2 Legal relationships and the law of obligations. 3.2.1 Roman laworigin of the law of obligations. 3.2.2 Origin of the law of obligations in common law. 3.2.3 Civil law obligations and its common law counterpart. 3.2.4 Characteristics of a legal relationship. 3.3 Recordkeeping theory and legal relationships. 3.3.1 Diplomatics and archival science: the document as witness to social relationships. 3.3.2 The juridical act as a legal relationship in diplomatics. 3.3.3 Recordkeeping and the jurisprudential concept of a legal relationship. 3.3.4 ‘Business’ transaction as a legal relationship. 3.3.5 The records continuum and the jurisprudential concept of a legal relationship. 3.4 Legal and social relationships and current recordkeeping concepts. 3.4.1 Record as object, process and as a right-duty ‘thing’ relationship. 4. Recordkeeping participants: legal and ethical responsibilities. 4.1 The act-circumstances-motivation-intentionality in law, ethics and recordkeeping. 4.1.1 The act-circumstances-motivation-intentionality in common law systems. 4.1.2 Moral action and intention: the recordkeeping dimension. 4.2 Moral actors, agents and legal persons. 4.2.1 Legal agents-persons. 4.2.2 Moral agents. 4.3 Legal and moral accountability. 4.3.1 Autonomy and character. 4.3.2 Moral character and moral agency. 4.3.3 Voluntary and involuntary actions. 4.4 Recordkeeping participants: legal persons and moral agents. 4.4.1 Recordkeeping professional responsibilities. 4.4.2 ‘Business’ participants’ responsibilities. 4.4.3 Business participants as legal persons and moral agents in recordkeeping processes. 4.5 Recordkeeping research projects: identifying the responsibilities of recordkeeping participants. 4.5.1 InterPARES 1 and recordkeeping responsibilities. 4.5.2 The Monash Recordkeeping Metadata Project: the concept of mandate and recordkeeping responsibilities. 4.6 The records continuum, diplomatics and recordkeeping participants: an extended regulatory model. 4.6.1 ‘Identity’ elements in recordkeeping and related

Blurb

Distributed networks such as the Internet have altered the fundamental way a record is created, captured, accessed and managed over time. Law and ethics provide the major sources of regulatory controls over participants in such networks. This book analyses the interrelationship of recordkeeping, ethics and law in terms of existing regulatory models and their application to the Internet environment. It proposes an Internet model based on the notion of a legal and social relationship as a means of identifying the legal and ethical rights and obligations of recordkeeping participants in networked transactions. Medical, business and governmental relationships within communities of common interest based on trust illustrate the practical application of the model. As legal relationships have their basis in the law of obligations found in common and civil law systems, as well as archival science, the model has a broad-based application. The relationship model also provides a unique ethical and legal approach to property, access, privacy and evidence. Most importantly, the book provides an interdisciplinary approach to Internet regulation, which contributes to closer ties between those who research, teach and work in fields of ethics, law and archival science.