Law, Technology and Society: Reimagining the Regulatory Environment

This book explores the implications of the regulatory burden being borne increasingly by technological management rather than by rules of law. It questions whether traditional rules of law can survive the emergent use of technological management and a risk management mentality. It calls for a triple act of re-imagination: re-imagining legal rules as part of a larger regulatory environment, re-imagining the Rule of Law as a constraint on the arbitrary exercise of power, and re-imagining the future of traditional rules of criminal law, tort law, and contract law.

Format: Paperback / softback
Length: 351 pages
Publication date: 25 February 2019
Publisher: Taylor & Francis Inc

This book delves into the profound implications of the shifting regulatory burden from traditional legal rules to technological management. It raises crucial questions about the control of crime, the protection of human health and safety, and the preservation of the environment. If these critical aspects of society are managed not through rules of law but through technological measures designed into products, processes, and places, what does this transformation mean for our understanding of governance and the role of the law?

The regulatory environment is evolving rapidly, with the emergence of smart regulatory technologies that provide new tools for managing risks and ensuring compliance. However, this shift raises several important questions. How should we understand the complex regulatory signals that are emitted by these technologies? How does technological management align with the Rule of Law, which traditionally emphasizes the importance of legality, coherence, and respect for individual liberties?

At the same time, there is a growing risk management mentality that permeates our collective engagement with new technologies. This mentality emphasizes the need for proactive measures to address potential risks and uncertainties associated with new technologies. It raises concerns about whether traditional rules of law can effectively address the challenges posed by technological management.

In response to these challenges, Roger Brownsword calls for a triple act of re-imagination. First, we need to re-imagine legal rules as part of a larger regulatory environment that includes technological management. Second, we need to re-imagine the Rule of Law as a constraint on the arbitrary exercise of power, whether exercised through rules or through technological measures. Third, we need to re-imagine the future of traditional rules of criminal law, tort law, and contract law in the context of technological management.

Brownsword argues that the traditional approach to law, which focuses on formal rules and legal principles, is insufficient to address the complex challenges posed by technology. He advocates for a more holistic and interdisciplinary approach that recognizes the interdependence of different systems and the need for collaboration between legal professionals, technologists, and policymakers.

One of the key challenges facing the legal profession is the need to adapt to the rapidly changing technological landscape. Legal professionals must develop new skills and knowledge to navigate the complex regulatory environment and effectively represent their clients in the digital age. This requires a shift in mindset, from a traditional legal education that focuses on abstract legal principles to a more practical and interdisciplinary approach that emphasizes the intersection of law, technology, and society.

Another important aspect of the re-imagination of the regulatory environment is the need to protect human informational interests. With the increasing amount of personal data and information being collected and processed by technology, there is a growing risk of privacy breaches and other forms of misuse. Legal professionals must develop new strategies and tools to protect these interests and ensure that individuals have control over their data.

In conclusion, the shift towards technological management in the regulation of society presents both challenges and opportunities. While it offers new tools for managing risks and ensuring compliance, it also raises important questions about the role of the law and the protection of individual liberties. By undertaking a triple act of re-imagination, we can develop a more effective and sustainable regulatory environment that balances the needs of technology, the Rule human rights, and the Rule of Law.

Weight: 552g
Dimension: 231 x 172 x 13 (mm)
ISBN-13: 9780815356462