The Intersection of Law and Technology: Current Issues
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Although many scholars argue that “the boundaries between public and private law are becoming blurred”, and that this distinction has turn out to be mere “folklore” (Bergkamp, Liability and Environment, 1–2). Civil law jurisdictions recognise customized as “the other supply of law”; hence, scholars tend to divide the civil law into the broad classes of “written law” or legislation, and “unwritten law” (ius non-scriptum) or custom. Yet they tend to dismiss customized as being of slight significance compared to laws (Georgiadis, General Principles of Civil Law, 19; Washofsky, Taking Precedent Seriously, …



