The Oxford Handbook of Law, Regulation and Technology

Author(s)	Edited by Professor Roger Brownsword (Professor of Law, Professor of Law, King's College London), Eloise Scotford (Professor of Environmental Law, Professor of Environmental Law, University College London), Karen Yeung (Professor of Law at King's College London; Distinguished Visiting Fellow at Melbourne Law School).
Publisher	Oxford University Press
ISBN	9780199680849
Practice Area	Capital markets & securities law & regulation
Format	Paperback / softback
Pages	850
Published in	United Kingdom
Published	29 Jun 2018
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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.

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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 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 II 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

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The Oxford Handbook of Law, Regulation and Technology

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