The Imperative Quest for Cyber Jurisprudence: Charting a New Legal Frontier

by 

Dr. Md. Riaduzzaman

CyJurII Theorist

         riaduzzaman@daffodilvarsity.edu.bd

on 4 August 2025

PDF available

Abstract

The digital revolution demands a radical rethinking of legal philosophy, giving rise to Cyber Jurisprudence as a distinct domain. This emerging field draws on sociological, natural law, and positivist traditions to address the unique challenges of cyberspace governance. Ethical concerns, rule-based regulation, and global diversity must inform its development. Cyber Jurisprudence is not a subset of IT law, but a foundational lens for understanding how law and digital society interact. As digital technologies reshape power dynamics and personal identities, jurists must engage critically and globally. Establishing Cyber Jurisprudence is an urgent imperative for ensuring justice and accountability in the digital age.

Keywords: Cyber Jurisprudence, cyber law, scholarly domain.

Introduction

The digital revolution is not just changing how we live; it is fundamentally reshaping the structures governing our lives. This necessitates a profound evolution in legal philosophy itself. I wholeheartedly appreciate innovative efforts to recognize Cyber Jurisprudence as a distinct branch within the broader field of jurisprudence. Establishing this new domain demands rigorous scholarly engagement, particularly from tech-savvy jurists and legal scholars.

Discussion

Our first crucial task is to define the province of Cyber Jurisprudence. From which foundational streams does it emerge? Does it find its roots primarily in the sociological school of legal theory? While sociological perspectives on law's interaction with digital society are undeniably relevant, the picture is more complex. Both Natural Law principles and Legal Positivism play indispensable roles in shaping this nascent field.

Natural Law remains vital because ethical considerations form the bedrock of AI governance and digital rights. We cannot separate the regulation of cyberspace from fundamental questions of justice, fairness, and human dignity. Simultaneously, the positivist focus on law as a system of rules created by identifiable authorities is equally critical. The complex web of statutes, regulations, treaties, and platform policies governing the digital realm demands a positivist lens for analysis and systematization. As legal theorists often note, "theory challenges theory." The pertinent question for Cyber Jurisprudence is: Which established theories prove insufficient or irrelevant when confronted with the unique realities of the digital domain?

Establishing Cyber Jurisprudence as a distinct genre requires rigorously testing traditional theories against digital phenomena. Furthermore, we must confront a significant geographical imbalance. While the digital world is inherently borderless, mainstream jurisprudential discourse remains predominantly Western-centric. As noted by legal scholar Graham Greenleaf years ago, examining how Asian countries integrate data protection into national agendas reveals diverse approaches often overlooked in dominant narratives (Greenleaf, G. (2014). Asian Data Privacy Laws: Trade & Human Rights Perspectives. Oxford University Press.).

Traditionally, jurisprudence is defined as the science or philosophy of law. A core aim of Cyber Jurisprudence, however, is to assert its identity beyond merely being a subset of Information Technology (IT) law. Over time, in the absence of concrete jurisprudential frameworks for cyberspace, we risk misleadingly accepting "tech law" merely as a metaphor for state mechanisms applied online. Jurisprudence teaches us the dynamic interplay: how law shapes society, and how society is reflected in law. The emergence of pervasive cyber applications is a revolutionary and undeniable fact of modern existence. A true understanding of Cyber Jurisprudence is therefore essential – it will empower current and future generations to comprehend and effectively regulate the complex challenges of the digital age.

We no longer inhabit a society where Austin’s dictum – that "law is the command of the sovereign" – holds unchallenged appeal. Our modern reality is one where technology giants increasingly influence government decisions and shape individual lives, often inadvertently yet profoundly. Jurisprudence, as the philosophy of law, must embrace this phenomenon. In the 21st century, digital information dictates daily life across every corner of the globe, whether we are fully conscious of it or not. Daniel Solove's concept of the "Digital Person" – where vast amounts of personal data construct our online identities – is now more than just a theory; it is our lived reality (Solove, D. J. (2004). The Digital Person: Technology and Privacy in the Information Age. NYU Press.).

Conclusion

At this critical juncture, the exploration and development of Cyber Jurisprudence demand serious and sustained attention from jurists and scholars worldwide. It is not merely an academic exercise; it is an urgent necessity for navigating and governing our increasingly digital future.