Recordkeeping, Ethics and Law

Cover -- CONTENTS -- Introduction -- Intellectual frameworks, interdisciplinary discourses and interrelationships -- Recordkeeping, ethical and legal discourses -- 1 The recordkeeping-ethics-law nexus and recordkeeping regulatory models -- 1.1 Law, ethics and regulation -- 1.2 Recordkeeping regulatory models -- 1.2.1 The warrant and juridical models -- 1.2.2 Comparative aspects: the juridical and warrant models as implementation models -- 1.3 Implementing regulatory models for recordkeeping regimes in specific organisational contexts -- 1.3.1 Regulatory environment -- 1.3.2 Categorising and identifying regulatory sources -- 1.3.3 Records retention -- 2 Identity, trust, evidence and the recordkeeping nexus -- 2.1 Identity and trust in communities of common interest -- 2.1.1 The nature of community -- 2.1.2 Community, identity and value systems -- 2.1.3 Communities of common interest -- 2.1.4 Communities as boundaries -- 2.1.5 Trust and communities of common interest -- 2.2 Trustworthy records: diplomatics, Italian archival science and the records continuum model -- 2.2.1 A trustworthy record -- 2.2.2 Documentary form and trustworthy records in diplomatics and archival science -- 2.2.3 Electronic documents and trustworthy records -- 2.3 Rules of evidence and trustworthy records -- 2.3.1 Documentary evidence within the common law system -- 2.4 Record reliability and authenticity and the principles of evidence -- 2.4.1 Documentary exceptions to hearsay and record reliability -- 2.4.2 The best evidence rule and record integrity -- 2.4.3 Evidence legislation and record trustworthiness -- 2.4.4 Record as process and evidence law -- 3 Legal and social relationships and the recordkeeping nexus -- 3.1 Legal and social relationships: jurisprudential and ethical dimensions -- 3.1.1 A legal relationship as a jurisprudential concept -- 3.1.2 An ethical dimension of a legal relationship -- 3.1.3 Trust and social relationships -- 3.2 Legal relationships and the law of obligations -- 3.2.1 Roman law origin of the law of obligations -- 3.2.2 Origin of the law of obligations in common law -- 3.2.3 Civil law obligations and its common law counterpart -- 3.2.4 Characteristics of a legal relationship -- 3.3 Recordkeeping theory and legal relationships -- 3.3.1 Diplomatics and archival science: the document as witness to social relationships -- 3.3.2 The juridical act as a legal relationship in diplomatics -- 3.3.3 Recordkeeping and the jurisprudential concept of a legal relationship -- 3.3.4 'Business' transaction as a legal relationship -- 3.3.5 The records continuum and the jurisprudential concept of a legal relationship -- 3.4 Legal and social relationships and current recordkeeping concepts -- 3.4.1 Record as object, process and as a right-duty 'thing' relationship -- 4 Recordkeeping participants: legal and ethical responsibilities -- 4.1 The act-circumstances-motivation-intentionality in law, ethics and recordkeeping -- 4.1.1 The ac.