Rethinking law, regulation and technology

書誌事項

Rethinking law, regulation and technology

Roger Brownsword

(Rethinking law)

Edward Elgar, c2022

  • : cased

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

This insightful book presents a radical rethinking of the relationship between law, regulation, and technology. While in traditional legal thinking technology is neither of particular interest nor concern, this book treats modern technologies as doubly significant, both as major targets for regulation and as potential tools to be used for legal and regulatory purposes. It explores whether our institutions for engaging with new technologies are fit for purpose. Having depicted a legal landscape that includes legal rules and principles, regulatory frameworks, technical measures and technological governance, this thought-provoking book presents further exercises in rethinking. These exercises confront communities with a fundamental question about how they are to be governed-by humans using rules or by technical measures and technological management? Chapters rethink the traditional arguments relating to legality, the rule of law, legitimacy, regulatory practice, dispute resolution, crime and control, and authority and respect for law. Examining the role of lawyers and law schools in an age of governance by smart technologies, Rethinking Law, Regulation, and Technology will be a key resource for students and scholars of law and technology, digital innovation and regulation and the law.

目次

Contents: Preface 1. Introduction to Rethinking Law, Regulation, and Technology PART I RETHINKING LAW, REGULATION, AND TECHNOLOGY 2. Rethinking law, rethinking regulation, and rethinking technology 3. The new landscape of law, regulation, and governance PART II RETHINKING LEGALITY, THE RULE OF LAW, AND LEGITIMACY 4. Rethinking legality 5. Rethinking the rule of law 6. Rethinking legitimacy PART III RETHINKING LAW AND REGULATION IN PRACTICE-LAWTECH, REGTECH, AND TECHNOLOGICAL MANAGEMENT 7. Rethinking legal and regulatory practice and the provision of legal services 8 Rethinking disputes and dispute resolution 9. Rethinking crime, control, and channelling PART IV RETHINKING LEGAL AND REGULATORY INSTITUTIONS 10. Rethinking national legal and regulatory institutions 11. Rethinking international legal and regulatory institutions PART V RETHINKING THE INSTITUTION OF LAW, AUTHORITY, AND RESPECT 12. Rethinking the authority of law 13. Rethinking respect for law PART VI RETHINKING THE LAW SCHOOL 14. Teaching law 15. Researching law 16. Concluding remarks Index

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