Law 3.0 : Rules, Regulation, and Technology book cover
1st Edition

Law 3.0
Rules, Regulation, and Technology

ISBN 9780367488635
Published July 22, 2020 by Routledge
136 Pages

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Book Description

Putting technology front and centre in our thinking about law, this book introduces Law 3.0: the future of the legal landscape.

Technology not only disrupts the traditional idea of what it is ‘to think like a lawyer,’ as per Law 1.0; it presents major challenges to regulators who are reasoning in a Law 2.0 mode. As this book demonstrates, the latest developments in technology offer regulators the possibility of employing a technical fix rather than just relying on rules – thus, we are introducing Law 3.0. Law 3.0 represents, so to speak, the state we are in and the conversation that we now need to have, and this book identifies some of the key points for discussion in that conversation. Thinking like a lawyer might continue to be associated with Law 1.0, but from 2020 onward, Law 3.0 is the conversation that we all need to join. And, as this book argues, law and the evolution of legal reasoning cannot be adequately understood unless we grasp the significance of technology in shaping both legal doctrine and our regulatory thinking.

This is a book for those studying, or about to study, law – as well as others with interests in the legal, political, and social impact of technology.

Table of Contents

1. Introduction to Law 3.0   2. BookWorld: A Short Story about Disruption   Part One: The Technological Disruption of Law   3. Law 1.0: Easy Cases, Difficult Cases, and Hard Cases   4. Law 1.0 Disrupted   5. Law 2.0 and Technology as a Problem   6. Law 2.0 and the ‘Crazy Wall’   7. Law 2.0 Disrupted: Technology as a Solution   8. Law 3.0: Coherentist, Regulatory-Instrumentalist, and Technocratic Conversations   9. Tech Test Case I: Liability for Robot Supervisors   10. Tech Test Case II: Smart Shops, Code Law, and Contract Law   11. Easterbrook and the Law of the Horse   Part Two: Law Reimagined   12. Law as One Element in the Regulatory Environment   13. Mapping the Regulatory Environment   14. The Complexion of the Regulatory Environment   15. Law 3.0 and Liberty: The Pianos at St Pancras   16. Law 3.0: The Thin End of the Wedge, and the Thick End   Part Three: Living with Law 3.0   17. The Benchmarks of Legitimacy: The Range of Regulatory Responsibilities   18. Uncertainty, Precaution, Stewardship   19. Re-inventing the Rule of Law   20. Technology and the Triple Licence   21. High Tech Policing and Crime Control   22. The Renewal of Coherentism   23. Redesigning the Institutional Framework I: National Institutions   24. Redesigning the Institutional Framework II: International Institutions   Part Four: Learning the Law   25. Rethinking Legal Education   26. Any Questions?   27. Concluding Remarks: Looking Back, Looking Forward

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Roger Brownsword is Professor in Law at King’s College London and at Bournemouth University, Honorary Professor at Sheffield University, and Visiting Professor at City University Hong Kong.