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Law, technology, and society: In a state of delicate tension

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Law, technology, and society : In a state of delicate tension. / Brownsword, Roger.

In: Notizie di Politeia, Vol. 36, No. 137, 01.01.2020, p. 26-58.

Research output: Contribution to journalArticlepeer-review

Harvard

Brownsword, R 2020, 'Law, technology, and society: In a state of delicate tension', Notizie di Politeia, vol. 36, no. 137, pp. 26-58.

APA

Brownsword, R. (2020). Law, technology, and society: In a state of delicate tension. Notizie di Politeia, 36(137), 26-58.

Vancouver

Brownsword R. Law, technology, and society: In a state of delicate tension. Notizie di Politeia. 2020 Jan 1;36(137):26-58.

Author

Brownsword, Roger. / Law, technology, and society : In a state of delicate tension. In: Notizie di Politeia. 2020 ; Vol. 36, No. 137. pp. 26-58.

Bibtex Download

@article{0d548aa7a0cb49bc8f799074fe85b8de,
title = "Law, technology, and society: In a state of delicate tension",
abstract = "Drawing on the main themes of Law Technology and Society: Re-imagining the Regulatory Environment (Routledge, 2019), this article responds to the prospect of technological measures being widely deployed (alongside or in place of rules) for regulatory purposes and thereby introducing a new and complex set of tensions to the legal enterprise. Given this prospect of disruption and tension, a five-point action programme is proposed. First, lawyers should reboot their thinking, re-imagining law as a part of a much broader regulatory environment, one that features not only rule-based normative signals but also measures of non-normative technological management. Secondly, a grounded and hierarchically ordered scheme of regulatory legitimacy (and, concomitantly, a triple licence for technological application) needs to be recognised and elaborated, Thirdly, technological measures need to be subjected to the discipline of a reconceived idea of the Rule of Law. Fourthly, the ideal of legal coherence needs to be renewed so that it focuses on the benchmarks of regulatory legitimacy. Finally, the institutional arrangements (nationally and internationally) for engaging with and regulating emerging technologies need to be reviewed.",
keywords = "Institutional arrangements, Law and technology, Legal coherence, Legal disruption, Regulatory environment, Regulatory legitimacy, Rule of Law",
author = "Roger Brownsword",
year = "2020",
month = jan,
day = "1",
language = "English",
volume = "36",
pages = "26--58",
journal = "Notizie di Politeia",
issn = "1128-2401",
publisher = "Politeia",
number = "137",

}

RIS (suitable for import to EndNote) Download

TY - JOUR

T1 - Law, technology, and society

T2 - In a state of delicate tension

AU - Brownsword, Roger

PY - 2020/1/1

Y1 - 2020/1/1

N2 - Drawing on the main themes of Law Technology and Society: Re-imagining the Regulatory Environment (Routledge, 2019), this article responds to the prospect of technological measures being widely deployed (alongside or in place of rules) for regulatory purposes and thereby introducing a new and complex set of tensions to the legal enterprise. Given this prospect of disruption and tension, a five-point action programme is proposed. First, lawyers should reboot their thinking, re-imagining law as a part of a much broader regulatory environment, one that features not only rule-based normative signals but also measures of non-normative technological management. Secondly, a grounded and hierarchically ordered scheme of regulatory legitimacy (and, concomitantly, a triple licence for technological application) needs to be recognised and elaborated, Thirdly, technological measures need to be subjected to the discipline of a reconceived idea of the Rule of Law. Fourthly, the ideal of legal coherence needs to be renewed so that it focuses on the benchmarks of regulatory legitimacy. Finally, the institutional arrangements (nationally and internationally) for engaging with and regulating emerging technologies need to be reviewed.

AB - Drawing on the main themes of Law Technology and Society: Re-imagining the Regulatory Environment (Routledge, 2019), this article responds to the prospect of technological measures being widely deployed (alongside or in place of rules) for regulatory purposes and thereby introducing a new and complex set of tensions to the legal enterprise. Given this prospect of disruption and tension, a five-point action programme is proposed. First, lawyers should reboot their thinking, re-imagining law as a part of a much broader regulatory environment, one that features not only rule-based normative signals but also measures of non-normative technological management. Secondly, a grounded and hierarchically ordered scheme of regulatory legitimacy (and, concomitantly, a triple licence for technological application) needs to be recognised and elaborated, Thirdly, technological measures need to be subjected to the discipline of a reconceived idea of the Rule of Law. Fourthly, the ideal of legal coherence needs to be renewed so that it focuses on the benchmarks of regulatory legitimacy. Finally, the institutional arrangements (nationally and internationally) for engaging with and regulating emerging technologies need to be reviewed.

KW - Institutional arrangements

KW - Law and technology

KW - Legal coherence

KW - Legal disruption

KW - Regulatory environment

KW - Regulatory legitimacy

KW - Rule of Law

UR - http://www.scopus.com/inward/record.url?scp=85087821149&partnerID=8YFLogxK

M3 - Article

AN - SCOPUS:85087821149

VL - 36

SP - 26

EP - 58

JO - Notizie di Politeia

JF - Notizie di Politeia

SN - 1128-2401

IS - 137

ER -

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