Changes in the Sources of Law in Information Society

Abstract

The purpose of the paper is to indicate in which way modern digital information systems influence the range of legal sources and to assess whether such changes improve the quality of judgements and other legal decisions. The paper uses examples from Danish law but does not in any detail describe specific information systems. It takes a more general approach. At the beginning the concept of a legal source is briefly discussed and it is considered why these sources are used. Preconditions for their usage are mainly availability and comprehensibility. With this background changes with respect to general legal rules, judicial and administrative decisions in national law are discussed with emphasis on the general considerations that are made in connection with developing information systems. Next developments in connection with EU law, international law and foreign law are considered and the importance of the Internet is emphasized. At the end it is briefly considered whether the different changes will lead to an improved legal system, to better decisions. This is a possibility but only if the potential of the information society is utilized.