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

Law 3.0

Rules, Regulation and Technology, 1st Edition

By Roger Brownsword

Routledge

136 pages

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Paperback: 9780367488635
pub: 2020-07-22
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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 – 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 – 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, Law 3.0 is the conversation that we all need to join. And as this book demonstrates, law and the evolution of legal reasoning cannot be adequately understood unless we grasp how significant technology is 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

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 Re-imagined

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. Re-designing the Institutional Framework I: National Institutions

24. Re-designing the Institutional Framework II: International Institutions

Part Four: Learning the Law

25. Re-thinking Legal Education

26. Any Questions?

27. Concluding Remarks: Looking Back, Looking Forward

References

Further Indicative Reading

About the Author

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.

Subject Categories

BISAC Subject Codes/Headings:
COM000000
COMPUTERS / General
COM079000
COMPUTERS / Social Aspects / General
HIS054000
HISTORY / Social History
LAW000000
LAW / General
LAW001000
LAW / Administrative Law & Regulatory Practice
LAW052000
LAW / Jurisprudence
LAW059000
LAW / Legal Education
LAW099000
LAW / Science & Technology
LAW104000
LAW / Computer & Internet
POL063000
POLITICAL SCIENCE / Public Policy / Science & Technology Policy
TEC052000
TECHNOLOGY & ENGINEERING / Social Aspects