The Oxford Handbook of Law, Regulation and Technology

ISBN : 9780199680832

Roger Brownsword; Eloise Scotford; Karen Yeung
1216 ページ
171 x 246 mm
Oxford Handbooks

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 III
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


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.