The Oxford Handbook of Law, Regulation and Technology

ISBN : 9780199680849

Roger Brownsword; Eloise Scotford; Karen Yeung
850 Pages
171 x 246 mm
Pub date
Dec 2019
Oxford Handbooks
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The variety, pace, and power of technological innovations that have emerged in the 21st Century have been breathtaking. These technological developments, which include advances in networked information and communications, biotechnology, neurotechnology, nanotechnology, robotics, and environmental engineering technology, have raised a number of vital and complex questions. Although these technologies have the potential to generate positive transformation and help address 'grand societal challenges', the novelty associated with technological innovation has also been accompanied by anxieties about their risks and destabilizing effects. Is there a potential harm to human health or the environment? What are the ethical implications? Do this innovations erode of antagonize values such as human dignity, privacy, democracy, or other norms underpinning existing bodies of law and regulation? These technological developments have therefore spawned a nascent but growing body of 'law and technology' scholarship, broadly concerned with exploring the legal, social and ethical dimensions of technological innovation.
This handbook collates the many and varied strands of this scholarship, focusing broadly across a range of new and emerging technology and a vast array of social and policy sectors, through which leading scholars in the field interrogate the interfaces between law, emerging technology, and regulation. Structured in five parts, the handbook
(I) establishes the collection of essays within existing scholarship concerned with law and technology as well as regulatory governance; (II) explores the relationship between technology development by focusing on core concepts and values which technological developments implicate; (III) studies the challenges for law in responding to the emergence of new technologies, examining how legal norms, doctrine and institutions have been shaped, challenged and destabilized by technology, and even how technologies have been shaped by legal regimes; (IV) provides a critical exploration of the implications of technological innovation, examining the ways in which technological innovation has generated challenges for regulators in the governance of technological development, and the implications of employing new technologies as an instrument of regulatory governance; (V) explores various interfaces between law, regulatory governance, and new technologies across a range of key social domains.


Part I: Introduction by the Editors

Roger Brownsword, Eloise Scotford, Karen Yeung: Law, Regulation, and Technology: the Field, Frame, and Focal Questions

Part II

1 Roger Brownsword: Law, Liberty, and Technology

2 Jeanne Snelling and John McMillan: Equality: Old Debates, New Technologies

3 Tom Sorell and John Guelke: Liberal Democractic Regulation and Technological Advance

4 Thomas Baldwin: Identity

5 Donna Dickenson: The Common Good

6 Stephen Morse: Law, Responsibility, and the Sciences of the Brain/Mind

7 Marcus Duwell: Human Dignity and the Ethics and Regulation of Technology

8 Morag Goodwin: Human Rights and Human Tissue: the Case of Sperm as Property

Part II

9 Gregory Mandel: Legal Evolution in Response to Technological Change

10 Antonio Cordella and Francesca Contini: Law and Technology in Civil Judicial Procedures

11 Uta Kohl: Conflict of Laws and the Internet

12 O. Carter Snead and Stephanie Maloney: Technology and the American Constitution

13 Stephen Waddams: Contract Law and the Challenges of Computer Technology

14 Lisa Claydon: Criminal Law Responses to Increased Scientific and Technological Understanding of Behaviour

15 Elizabeth Fisher: Imaging Technology and Environment Law

16 Han Somsen: From Improvement towards Enhancement: A Regenesis of Environmental Law at the Dawn of the Anthropocene

17 Jonathan Herring: Parental Responsibility: Hyper-parenting and the Role of Technology

18 Giovanni Sartor: Human Rights and Information Technologies

19 Dinusha Mendis, Phoebe Li, Diane Nicol, and Jane Nielsen: Intellectual Property Law

20 Tonia Novitz: Regulating Workplace Technology: Extending the Agenda

21 Rosemary Rayfuse: Public International Law and the Regulation of Emerging Technologies

22 Jonathan Morgan: Torts and Technology

23 Arthur Cockfield: Tax Law and Technology Change

Part IV

Section A: Regulating New Technologies

24 Lyria Bennett-Moses: Regulating in the Face of Socio-technical Change

25 Meg Leta-Jones and Jason Millar: Hacking Metaphors in the Anticipatory Governance of Emerging Technology: The Case of Regulating Robots

26 Andrew Stirling: The Role of the Precautionary Principle in the Regulation of New and Emerging Technologies

28 Andrew Murray and Mark Leiser: The Role of Non-state Actors and Institutions in the Governance of New and Emerging Digital Technologies

Section B: Technology as Regulation

29 Amber Marks, Benjamin Bowling, Colman Keenan: Automatic Justice? Technology, Crime, and Social Control

30 Tierk Timan, Masa Galic, and Bert-Jaap Koops: Surveillance Theory and its Implications for Law

31 Lee A. Bygrave: Hardwiring Privacy

32 Fleur Johns: Data-mining as Global Governance

33 Jesse Reynolds: Climate Engineering, Law, and Regulation

34 Karen Yeung: Are Biomedical Interventions Legitimate Regulatory Instruments?

35 Nicholas Agar: Challenges from the Future of Human Enhancement

36 Robin Bradley Kar and John Lindo: Race and the Law in the Genomic Age

Part V: Six Key Policy Spheres

Section A: Medicine

37 John Harris and David Lawrence: New Technologies, Old Attitudes, and Legislative Rigidity

38 Barbel Dorbeck-Jung: Transcending the Myth of Law's Stifling Technological Innovation: How Adaptive Drug Licensing Processes are Maintaining Legitimate Regulatory Connections

Section B: Population, Reproduction, and Family

39 Therese Murphy: Human Rights in Technological Times

40 Sheila McLean: Population, Reproduction, and Family

41 Colin Gavaghan: Reproductive Technologies and the Search of Regulatory Legitimacy: Fuzzy Lines, Decaying Consensus and Intractable Normative Problems

Section C: Trade, Commerce, and Employment

42 Thomas Cottier: Technology and the Law of International Trade Regulation

43 Kenneth Dau-Schmidt: Trade, Commerce, and Employment: the Evolution of the Form and Regulation of the Employment Relationship in Response to the New Information Technology

Section D: Public Safety and Security

44 David Wall: Crime, Security, and Information Communication Technologies: The Changing Cyber Security Threat Landscape and Implications for Regulation

45 Kenneth Anderson and Matthew C. Waxman: Debating Autonomous Weapon Systems, their Ethics, and their Regulation under International Law

46 Filippa Lentzos: Genetic Engineering and Biological Risks: Policy Formation and Regulatory Response

Section E: Communications, Information, Media, and Culture

47 Nora A Draper and Joseph Turow: Audience Constructions, Reputations, and Emerging Media Technologies: New Issues of Legal and Socail Policy

Section F: Energy, Environment, Food, and Water

48 Robin Kundis Craig: Water, Energy, and Technology: the Legal Challenges of Interdependencies and Technological Limits

49 Victor Flatt: Technology Wags the Law: How Technological Solutions Changed the Perception of Environmental Harm and Law

50 Robert Lee: Food Safety

51 Richard Macrory and Chiara Armeni: Carbon Capture and Storage

52 Benjamin Pontin: Nuisance Law Regulation and the Invention of Prototypical Pollution Abatement Technology: 'Voluntarism' in Common Law and Regulation

About the author: 

Roger Brownsword holds professorial positions at King's College London and Bournemouth University, and he is Honorary Professor in Law at Sheffield University. Until his retirement in 2010, he was founding Director of TELOS, an inter-disciplinary research centre at King's College London that focuses on law, ethics, and technology. He has acted as an adviser to parliamentary committees dealing with stem cells, cloning, and hybrid embryos, he was a member of the Nuffield Council on Bioethics from 2004 - 2010, he served on the Royal Society Brain Waves' Working Party on neuroscience and the law, and he was chair of the Ethics and Governance Council of UK Biobank from 2011-2015. He has published some 20 books and more than 200 academic papers; he is on the editorial board of the Modern Law Review, the International Journal of Law and Information Technology, and the Journal of Law and the Biosciences; and he is the founding general editor of Law, Innovation and Technology. ; Eloise Scotford is Senior Lecturer at The Dickson Poon School of Law at King's College London. She joined King's in 2010, after a previous appointment as Career Development Fellow in Environmental Law in the Faculty of Law and Corpus Christi College, University of Oxford. Dr Scotford actively researches in the areas of climate change law and governance, waste regulation, air quality control, comparative environmental law and sustainable development. Dr Scotford is Associate Member of Landmark Chambers, a visiting lecturer in environmental law at Bocconi University in Milan, and Analysis Editor for the Journal of Environmental Law. She also represents the United Kingdom in the Avosetta Group of EU environmental law experts. ; Karen Yeung is a Professor of Law at King's College London and a Distinguished Visiting Fellow at Melbourne Law School. From 1996 until 2006 she was a University Lecturer in Law at Oxford University Faculty of Law and a Tutorial Fellow in Law at St Anne's College, University of Oxford. She has established an international reputation in two fields: as an academic pioneer in helping to establish the intellectual coherence and value of regulation studies (or 'regulatory governance' studies) as a field of scholarly inquiry and as a leading scholar concerned with critically examining the governance of, and governance through, new and emerging technologies. Her current research focuses on critically evaluating the nature, legal, democratic and ethical implications of artificial intelligence, Big Data driven predictive decision-making and advances in neuroscientific techniques across a wide range of policy domains including commerce, healthcare, legal services and the enforcement of law.

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