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Rethinking Law, Regulation, and Technology [Kõva köide]

  • Formaat: Hardback, 272 pages, kõrgus x laius: 234x156 mm
  • Sari: Rethinking Law series
  • Ilmumisaeg: 04-Mar-2022
  • Kirjastus: Edward Elgar Publishing Ltd
  • ISBN-10: 1800886462
  • ISBN-13: 9781800886469
Teised raamatud teemal:
  • Formaat: Hardback, 272 pages, kõrgus x laius: 234x156 mm
  • Sari: Rethinking Law series
  • Ilmumisaeg: 04-Mar-2022
  • Kirjastus: Edward Elgar Publishing Ltd
  • ISBN-10: 1800886462
  • ISBN-13: 9781800886469
Teised raamatud teemal:
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.

Arvustused

Any lawyer remotely interested in technology today will find much food for thought in this pioneering text by a leading legal technologist. While the future is always unpredictable, this provides no excuse for forging ahead blindfolded. Professor Brownswords careful, reflective study on how law, regulation, and technology may interrelate (both presently and potentially) presents us with the stones by which we can feel our way across the seemingly surging technological river. -- Kelvin Low, National University of Singapore It is uncommon for a new academic work to cause the reader to stop and re-evaluate their understanding of the subject. This book does. Brownsword ask us to rethink the relationships between law, regulation, and technology and evaluates the role each plays in the modern complex legal-technology-regulatory environment. Brownsword has been a powerful and leading voice in this field for years and this book is the culmination of his work in the field. It is a genuine must read. -- Andrew Murray, London School of Economics and Political Science, UK This book extends Professor Brownswords deep thinking on the implications of the use of technology in governance, or Law 3.0, asking important questions about the authority of computer code and the legitimacy of regulating humans through machines. Not only is it of interest to legal theorists and scholars of law and technology, it asks important questions about the future of law and legal education in a world where rules can be baked into systems. -- Lyria Bennett Moses, UNSW Sydney, Australia Roger Brownsword is one of the most salient authors in the domain of law of technology. In his elegant and incisive prose, he shares an in-depth understanding of how we may come to lose legality, legitimacy and the rule of law. In this new work he addresses the difficult questions around laws computability. What if computing systems provide more accurate, just and legitimate legal decisions than human lawyers could possibly do? And even if they cannot, Brownsword explains in crucial detail why human imperfection is not a bug but a feature. -- Mireille Hildebrandt, Vrije Universiteit Brussel, Belgium and Radboud University, the Netherlands

Preface vii
1 Introduction to Rethinking Law, Regulation, and Technology
1(22)
PART I RETHINKING LAW, REGULATION, AND TECHNOLOGY
2 Rethinking law, rethinking regulation, and rethinking technology
23(19)
3 The new landscape of law, regulation, and governance
42(15)
PART II RETHINKING LEGALITY, THE RULE OF LAW, AND LEGITIMACY
4 Rethinking legality
57(15)
5 Rethinking the rule of law
72(18)
6 Rethinking legitimacy
90(14)
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
104(14)
8 Rethinking disputes and dispute resolution
118(20)
9 Rethinking crime, control, and channelling
138(24)
PART IV RETHINKING LEGAL AND REGULATORY INSTITUTIONS
10 Rethinking national legal and regulatory institutions
162(18)
11 Rethinking international legal and regulatory institutions
180(14)
PART V RETHINKING THE INSTITUTION OF LAW, AUTHORITY, AND RESPECT
12 Rethinking the authority of law
194(7)
13 Rethinking respect for law
201(17)
PART VI RETHINKING THE LAW SCHOOL
14 Teaching law
218(23)
15 Researching law
241(11)
16 Concluding remarks
252(2)
Index 254
Roger Brownsword, Professor of Law, Kings College London and Bournemouth University, UK