The internet balancing formula

• Autores: Mart Susi
• Localización: European Law Journal, ISSN-e 1468-0386, Vol. 25, Nº. 2, 2019 (Ejemplar dedicado a: Internet and human rights law), págs. 198-212
• Idioma: inglés
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• Resumen

  • The Internet Balancing Formula (IBF) is a mathematical instrument to increase the rational and transparent aspects of balancing conflicting human rights online. It is based on the relative weight and intensity of conflicting rights. The numerical value of these rights is arrived at by applying mathematical scales to various input elements. This formula is easy to use and could be applied globally by private online stakeholders. Robert Alexy has entered into debate with Susi, pointing out similarities and differences between his Weight Formula and the IBF, and advancing the concreteness thesis. Alexy views the Weight Formula as general and abstract, whereas the IBF is specific and particular. Both Alexy and Susi are of the opinion that such formula is highly needed to respond to the theoretical and practical uncertainties and divergent practices of online stakeholders. Susi replies to Alexy's critique in a separate article