The Oxford Handbook of Law Regulation and Technology Oxford Handbooks 1st Edition by Roger Brownsword, Eloise Scotford, Karen Yeung ISBN 978-0199680832 0199680833

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ISBN 10: 0199680833

ISBN 13:  978-0199680832

Author:  Roger Brownsword,  Eloise Scotford, Karen Yeung

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.

Table of contents: 

PART I INTRODUCTION

Law, Regulation, and Technology: The Field, Frame, and Focal Questions

ROGER BROWNSWORD, ELOISE SCOTFORD, AND KAREN YEUNG

PART II LEGITIMACY AND TECHNOLOGICAL REGULATION: VALUES AND IDEALS

1. Law, Liberty, and Technology ROGER BROWNSWORD

2. Equality: Old Debates, New Technologies JEANNE SNELLING AND JOHN MCMILLAN

3. Liberal Democratic Regulation and Technological Advance TOM SORELL AND JOHN GUELKE

4. Identity THOMAS BALDWIN

5. The Common Good DONNA DICKENSON

6. Law, Responsibility, and the Sciences of the Brain/Mind STEPHEN J. MORSE

7. Human Dignity and the Ethics and Regulation of Technology

MARCUS DÜWELL

8. Human Rights and Human Tissue: The Case of Sperm as Property

MORAG GOODWIN

PART III TECHNOLOGICAL CHANGE: CHALLENGES FOR LAW

9. Legal Evolution in Response to Technological Change

GREGORY N. MANDEL

10. Law and Technology in Civil Judicial Procedures

FRANCESCO CONTINI AND ANTONIO CORDELLA

11. Conflict of Laws and the Internet

UTA KOHL

12. Technology and the American Constitution

O. CARTER SNEAD AND STEPHANIE A. MALONEY

13. Contract Law and the Challenges of Computer Technology

STEPHEN WADDAMS

14. Criminal Law and the Evolving Technological Understanding of Behaviour

LISA CLAYDON

15. Imagining Technology and Environmental Law

ELIZABETH FISHER

16. From Improvement towards Enhancement: A Regenesis of EU Environmental Law at the Dawn of the Anthropocene

HAN SOMSEN

17. Parental Responsibility, Hyper-parenting, and the Role of Technology

JONATHAN HERRING

18. Human Rights and Information Technologies
Giovanni Sartor

19. The Coexistence of Copyright and Patent Laws to Protect Innovation: A Case Study of 3D Printing in UK and Australian Law
Dinusha Mendis, Jane Nielsen, Dianne Nicol, and Phoebe Li

20. Regulating Workplace Technology: Extending the Agenda
Tonia Novitz

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

22. Torts and Technology
Jonathan Morgan

23. Tax Law and Technological Change
Arthur J. Cockfield

Part IV: Technological Change – Challenges for Regulation and Governance

Part A: Regulating New Technologies

24. Regulating in the Face of Sociotechnical Change
Lyria Bennett Moses

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

26. The Legal Institutionalization of Public Participation in the EU Governance of Technology
Maria Lee

27. Precaution in the Governance of Technology
Andrew Stirling

28. The Role of Non-state Actors and Institutions in the Governance of New and Emerging Digital Technologies

MARK LEISER AND ANDREW MURRAY

PART B TECHNOLOGY AS REGULATION

29. Automatic Justice? Technology, Crime, and Social Control

AMBER MARKS, BENJAMIN BOWLING, AND COLMAN KEENAN

30. Surveillance Theory and Its Implications for Law

TJERK TIMAN, MAŠA GALIČ, AND BERT-JAAP KOOPS

31. Hardwiring Privacy

LEE A. BYGRAVE

32. Data Mining as Global Governance

FLEUR JOHNS

33. Solar Climate Engineering, Law, and Regulation

JESSE L. REYNOLDS

34. Are Human Biomedical Interventions Legitimate Regulatory Policy Instruments?

KAREN YEUNG

35. Challenges from the Future of Human Enhancement

NICHOLAS AGAR

36. Race and the Law in the Genomic Age: A Problem for Equal

Treatment Under the Law

ROBIN BRADLEY KAR AND JOHN LINDO

PART V SIX KEY POLICY SPHERES

PART A MEDICINE

37. New Technologies, Old Attitudes, and Legislative Rigidity

JOHN HARRIS AND DAVID R. LAWRENCE

38. Transcending the Myth of Law’s Stifling Technological Innovation: How Adaptive Drug Licensing Processes are Maintaining Legitimate Regulatory Connections

BEAR DORBECK-JUNG

PART B POPULATION, REPRODUCTION, AND FAMILY

39. Human Rights in Technological Times

THÉRÈSE MURPHY

40. Population, Reproduction, and Family

SHEILA A. M. MCLEAN

41. Reproductive Technologies and the Search for Regulatory Legitimacy: Fuzzy Lines, Decaying Consensus, and Intractable Normative Problems

COLIN GAVAGHAN

PART C TRADE, COMMERCE, AND EMPLOYMEN

42. Technology and the Law of International Trade Regulation

THOMAS COTTIER

43. Trade, Commerce, and Employment: The Evolution of the Form and Regulation of the Employment Relationship in Response to the New Information Technology

KENNETH G. DAU-SCHMIDT

PART D PUBLIC SAFETY AND SECURITY

44. Crime, Security, and Information Communication Technologies: T Changing Cybersecurity Threat Landscape and Its Implications

for Regulation and Policing

DAVID S. WALL

45. Debating Autonomous Weapon Systems, Their Ethics, and Their Regulation Under International Law
Kenneth Anderson and Matthew C. Waxman

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

Part E: Communications, Information, Media, and Culture

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

Part F: Food, Water, Energy, and Environment

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

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

50. Novel Foods and Risk Assessment in Europe: Separating Science from Society
Robert Lee

51. Carbon Capture and Storage
Richard Macrory

52. Nuisance Law, Regulation, and the Invention of Prototypical Pollution Abatement Technology: ‘Voluntarism’ in Common Law and Regulation
Benjamin Pontin

 

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