The Oxford Handbook of Law, Regulation and Technology
Samenvatting
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.
Specificaties
Inhoudsopgave
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