The Oxford Handbook of Law, Regulation and Technology
Series: Oxford Handbooks;
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Product details:
- Publisher OUP Oxford
- Date of Publication 20 July 2017
- ISBN 9780199680832
- Binding Hardback
- No. of pages1358 pages
- Size 246x171 mm
- Weight 1934 g
- Language English 180
Categories
Short description:
The variety, pace, and power of technological innovations that have emerged in the 21st Century has been breathtaking. Examining the insights of leading scholars of law, technology, and regulation, this handbook underpins the legal, ethical, and social implications of rapid technological change and the growing body of scholarship that has followed.
MoreLong description:
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 by the Editors
Law, Regulation, and Technology: the Field, Frame, and Focal Questions
Part II
Law, Liberty, and Technology
Equality: Old Debates, New Technologies
Liberal Democractic Regulation and Technological Advance
Identity
The Common Good
Law, Responsibility, and the Sciences of the Brain/Mind
Human Dignity and the Ethics and Regulation of Technology
Human Rights and Human Tissue: the Case of Sperm as Property
Part III
Legal Evolution in Response to Technological Change
Law and Technology in Civil Judicial Procedures
Conflict of Laws and the Internet
Technology and the American Constitution
Contract Law and the Challenges of Computer Technology
Criminal Law and the Evolving Technological Understanding of Behaviour
Imagining Technology and Environment Law
From Improvement towards Enhancement: A Regenesis of Environmental Law at the Dawn of the Anthropocene
Parental Responsibility: Hyper-parenting and the Role of Technology
Human Rights and Information Technologies
The Co-Existence of Copyright and Patent Laws to Protect Innovation: A Case Study of 3D Printing in UK and Australian Law
Regulating Workplace Technology: Extending the Agenda
Public International Law and the Regulation of Emerging Technologies
Torts and Technology
Tax Law and Technology Change
Part IV
Section A: Regulating New Technologies
Regulating in the Face of Sociotechnical Change
Hacking Metaphors in the Anticipatory Governance of Emerging Technology: The Case of Regulating Robots
The Legal Institutionalization of Public Participation in the EU Governance of Technology
Precaution in the Governance of Technology
The Role of Non-state Actors and Institutions in the Governance of New and Emerging Digital Technologies
Section B: Technology as Regulation
Automated Justice?Technology, Crime, and Social Control
Surveillance Theory and Its Implications for Law
Hardwiring Privacy
Data Mining as Global Governance
Climate Engineering, Law, and Regulation
Are Biomedical Interventions Legitimate Regulatory Instruments?
Challenges from the Future of Human Enhancement
Race and Law in the Genomic Age: A Problem for Equal Treatment Under the Law
Part V: Six Key Policy Spheres
Section A: Medicine
New Technologies, Old Attitudes, and Legislative Rigidity
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
Human Rights in Technological Times
Population, Reproduction, and Family
Reproductive Technologies and the Search for Regulatory Legitimacy: Fuzzy Lines, Decaying Consensus, and Intractable Normative Problems
Section C: Trade, Commerce, and Employment
Technology and the Law of International Trade Regulation
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
Crime, Security, and Information Communication Technologies: The Changing Cybersecurity Threat Landscape and Implications for Regulation and Policing
Debating Autonomous Weapon Systems, Their Ethics, and Their Regulation Under International Law
Genetic Engineering and Biological Risks: Policy Formation and Regulatory Response
Section E: Communications, Information, Media, and Culture
Audience Constructions, Reputations, and Emerging Media Technologies: New Issues of Legal and Social Policy
Section F: Energy, Environment, Food, and Water
Water, Energy, and Technology: The Legal Challenges of Interdependencies and Technological Limits
Technology Wags the Law: How Technological Solutions Changed the Perception of Environmental Harm and Law
Novel Foods and Risk Assessment in Europe: Separating Science from Society
Carbon Capture and Storage
Nuisance Law, Regulation and the Invention of Prototypical Pollution Abatement Technology: 'Voluntarism' in Common Law and Regulation
