Cyber Jurisprudence, a Developing Concept

Cyber jurisprudence, a developing concept				under its provisions. If however, the piece of
By				“Virtual Land” is considered a “unit of
S J TUBRAZY				property” created out of the contractual
				agreement between the player and the gaming
The Latin words jus and prudentia being mutated				company as well as one player with another
as jurisprudence in English has been defined as				player, while it enables application of the concepts
“knowledge of law or knowledge of just and				of “Contract Laws”, it conflicts with the
unjust. Etymologically, no doubt this definition				basic requirement of “Meeting of the
conforms to the word but it brings within its				Minds” in contracts. The reason is that in this
compass every branch of law.				case, the parties dealt with the “unit of
				property” as an “Immovable
In Bragg vs. linden court hold that ‘although				Property” and not as any thing else. If the
the facts of the case are virtual but the dispute is				buyer and the seller thought and acted as if thy
real’.				were buying and selling a piece of land, it would be
				in appropriate to adjudicate on the dispute ignoring
It is clear however that the virtual acquisitions had				this basic thought behind the transaction and
the requisites of a “Property” since they				considering it as some thing else.
had a value, could be owned, transferred or
otherwise dealt with. If the value of the property				Legal issues relating to the electronic and internet
was entirely in the virtual currency such as				in this contemporary world as being necessitated
“lindens’, then the dispute would have				of new kind of jurisprudence, which may be
been entirely in the virtual space and fit for a				cyber jurisprudence. Cyber jurisprudence gives an
“Virtual Court” to decide. But in the				analysis of the law where, is no land and even
instance case, the convertibility of lindens to				there is no border, where all things may be
dollars creates a distinct link to the physical world				different from the physical world, they may be
and hence the dispute spills over to the physical				virtual from origin and nature. We may find virtual
space.				world with virtual rules and policies, along with the
				virtual subject matter, virtual contract, virtual
Analogous troubles will arise in the future in				disputes, virtual property (including tangible or
several other transactions on the virtual space				intangible), virtual possession and virtual court.
and we should keep ourselves mentally prepared				Cyber jurisprudence deals with the composite idea
for accepting new concepts of virtual property				of cyber jurisdiction and cyber court’s venue
and laws relating to virtual property. The initial				in the cyberspace. It emphasis to recognize cyber
attempt is of course to extend the known				uniform rules and policies at international level, it
physical society concepts to the virtual space				also discusses with the netizens and netiquates.
while in due course we need to develop separate
Cyber Jurisprudence to deal with such disputes.
If the Bragg’s case is to be decided in				The modern jurists have to had getting heads
Pakistan according to physical laws, the nature of				together to endow with the rationale pedestal of
the property being “Land”, the transfer				jurisprudence to this ruling, now we can ascertain
should be subject to “Transfer of Property				utmost exact definition of cyber jurisprudence as
Act” and “Registration Act”. Transfer				“this describes the principles of legal issues,
of Property Act does not however recognize				which exclusively regulates the cyberspace and
“virtual land” as an immovable property				internet”.
and therefore the transaction would not be valid

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Cyber Jurisprudence, a Developing Concept