Social Sciences in China (Chinese Edition)

No. 11, 2024

Digital Jurisprudence for the “Three-Dimensional World”

(Abstract)

Ma Changshan

Digital jurisprudence is rooted in the systematic creation of the “three-dimensional world,” developing its core concepts within this framework. It embodies the redefinition of “digital human” subjectivity, the digital logic underpinning human life, and the shared empowerment brought about by digital contracts, thus giving rise to digital rights characterized by liquidity, contextuality, penetrability, and interactivity.  Through a shift from contract theory to a “tripartite theory,” digital jurisprudence establishes a complex power structure encompassing traditional digital power, emerging digital power, and technological digital power. The transition from the “two-dimensional world” to the “three-dimensional world” liberates digital justice from the moral reasoningbased allocation strategies of the past. Instead, digital justice is now defined by computational attributes, operates through cognitive computing processes, and manifests as visual justice, ultimately aligning justice with computational analysis. Digital justice carries significant contemporary relevance, tasked with refining legal propositions within the framework of Chinese modernization and fostering innovative, independent digital legal theories to build an independent legal knowledge system for the new era.