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The Oxford Handbook of Law, Regulation and Technology

The Oxford Handbook of Law, Regulation and Technology

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199680849
  • Published In: June 2018
  • Format: Paperback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 500.00

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  • Description 
  • Contents 
  • Details

    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 these 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.
  • Part I: Introduction by the Editors
    Law, Regulation, and Technology: the Field, Frame, and Focal Questions, Roger Brownsword, Eloise Scotford, Karen Yeung

    Part II
    1: Law, Liberty, and Technology, Roger Brownsword
    2: Equality: Old Debates, New Technologies, Jeanne Snelling and John McMillan
    3: Liberal Democractic 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 Morse
    7: Human Dignity and the Ethics and Regulation of Technology, Marcus Duwell
    8: Human Rights and Human Tissue: the Case of Sperm as Property, Morag Goodwin

    Part III
    9: Legal Evolution in Response to Technological Change, Gregory Mandel
    10: Law and Technology in Civil Judicial Procedures, Antonio Cordella and Francesca Contini
    11: Conflict of Laws and the Internet, Uta Kohl
    12: Technology and the American Constitution, O. Carter Snead and Stephanie Maloney
    13: Contract Law and the Challenges of Computer Technology, Stephen Waddams
    14: Criminal Law Responses to Increased Scientific and Technological Understanding of Behaviour, Lisa Claydon
    15: Imaging Technology and Environment Law, Elizabeth Fisher
    16: From Improvement towards Enhancement: A Regenesis of 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: Intellectual Property Law, Dinusha Mendis, Phoebe Li, Diane Nicol, and Jane Nielsen
    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 Technology Change, Arthur Cockfield

    Part IV
    Section A: Regulating New Technologies
    24: Regulating in the Face of Socio-technical 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 Role of the Precautionary Principle in the Regulation of New and Emerging Technologies, Andrew Stirling
    28: The Role of Non-state Actors and Institutions in the Governance of New and Emerging Digital Technologies, Andrew Murray and Mark Leiser
    Section B: Technology as Regulation
    29: Automatic Justice? Technology, Crime, and Social Control, Amber Marks, Benjamin Bowling, Colman Keenan
    30: Surveillance Theory and its Implications for Law, Tierk Timan, Masa Galic, and Bert-Jaap Koops
    31: Hardwiring Privacy, Lee A. Bygrave
    32: Data-mining as Global Governance, Fleur Johns
    33: Climate Engineering, Law, and Regulation, Jesse Reynolds
    34: Are Biomedical Interventions Legitimate Regulatory Instruments?, Karen Yeung
    35: Challenges from the Future of Human Enhancement, Nicholas Agar
    36: Race and the Law in the Genomic Age, Robin Bradley Kar and John Lindo

    Part V: Six Key Policy Spheres
    Section A: Medicine
    37: New Technologies, Old Attitudes, and Legislative Rigidity, John Harris and David Lawrence
    38: Transcending the Myth of Law's Stifling Technological Innovation: How Adaptive Drug Licensing Processes are Maintaining Legitimate Regulatory Connections, Barbel Dorbeck-Jung
    Section B: Population, Reproduction, and Family
    39: Human Rights in Technological Times, Therese Murphy
    40: Population, Reproduction, and Family, Sheila McLean
    41: Reproductive Technologies and the Search of Regulatory Legitimacy: Fuzzy Lines, Decaying Consensus and Intractable Normative Problems, Colin Gavaghan
    Section C: Trade, Commerce, and Employment
    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 Dau-Schmidt
    Section D: Public Safety and Security
    44: Crime, Security, and Information Communication Technologies: The Changing Cyber Security Threat Landscape and Implications for Regulation, David 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
    Section E: Communications, Information, Media, and Culture
    47: Audience Constructions, Reputations, and Emerging Media Technologies: New Issues of Legal and Socail Policy, Nora A Draper and Joseph Turow
    Section F: Energy, Environment, Food, and Water
    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 Flatt
    50: Food Safety, Robert Lee
    51: Carbon Capture and Storage, Richard Macrory and Chiara Armeni
    52: Nuisance Law Regulation and the Invention of Prototypical Pollution Abatement Technology: 'Voluntarism' in Common Law and Regulation, Benjamin Pontin

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