This article comes from a core chapter of my PhD and will be published in the Berkeley Technology Law Journal. You can view the pre-print here: The Role of the Rule of Law in Virtual Communities (forthcoming BTLJ 2011) (PDF). There is a severe tendency in cyberlaw theory to delegitimize state intervention in the governance[…]
How should we regulate the exercise of private governance power in virtual communities? This thesis provides a normative framework based upon the broad ideals of the rule of law through which to conceptualise the tensions about governance that arise in virtual communities.