The Oxford Handbook of Law, Regulation and Technology

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The Oxford Handbook of Law, Regulation and Technology

Edited by Roger Brownsword, Eloise Scotford, and Karen Yeung

Oxford Handbooks

Offers a comprehensive overview of the interface between technological innovation, law, and regulatory governance
Unifies fragmented literature on law and technology, drawing insight from regulatory governance studies
Spans a broad and varied range of cutting edge technological developments
Aids in developing common practical and theoretical perceptions in various technological fields
Combines legal scholarship with interdisciplinary insight, providing a penetrating critique of the challenges which technological innovation provokes in institutions of law and governance

The Oxford Handbook of Law, Regulation and Technology

Edited by Roger Brownsword, Eloise Scotford, and Karen Yeung

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.

The Oxford Handbook of Law, Regulation and Technology

Edited by Roger Brownsword, Eloise Scotford, and Karen Yeung

Oxford Handbooks

Table of Contents

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 II
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

The Oxford Handbook of Law, Regulation and Technology

Edited by Roger Brownsword, Eloise Scotford, and Karen Yeung

Oxford Handbooks

Author Information

Roger Brownsword, Professor of Law, King's College London,Eloise Scotford, Senior Lecturer in Law, The Dickson Poon School of Law,Karen Yeung, Professor of Law at King's College London; Distinguished Visiting Fellow at Melbourne Law School,

Roger Brownsword holds professorial positions at King's College London and Bournemouth University, and he is Honorary Professor in Law at Sheffield University. Until his retirement in 2010, he was founding Director of TELOS, an inter-disciplinary research centre at King's College London that focuses on law, ethics, and technology. He has acted as an adviser to parliamentary committees dealing with stem cells, cloning, and hybrid embryos, he was a member of the Nuffield Council on Bioethics from 2004 - 2010, he served on the Royal Society Brain Waves' Working Party on neuroscience and the law, and he was chair of the Ethics and Governance Council of UK Biobank from 2011-2015. He has published some 20 books and more than 200 academic papers; he is on the editorial board of the Modern Law Review, the International Journal of Law and Information Technology, and the Journal of Law and the Biosciences; and he is the founding general editor of Law, Innovation and Technology.

Eloise Scotford is Senior Lecturer at The Dickson Poon School of Law at King's College London. She joined King's in 2010, after a previous appointment as Career Development Fellow in Environmental Law in the Faculty of Law and Corpus Christi College, University of Oxford. Dr Scotford actively researches in the areas of climate change law and governance, waste regulation, air quality control, comparative environmental law and sustainable development. Dr Scotford is Associate Member of Landmark Chambers, a visiting lecturer in environmental law at Bocconi University in Milan, and Analysis Editor for the Journal of Environmental Law. She also represents the United Kingdom in the Avosetta Group of EU environmental law experts.

Karen Yeung is a Professor of Law at King's College London and a Distinguished Visiting Fellow at Melbourne Law School. From 1996 until 2006 she was a University Lecturer in Law at Oxford University Faculty of Law and a Tutorial Fellow in Law at St Anne's College, University of Oxford. She has established an international reputation in two fields: as an academic pioneer in helping to establish the intellectual coherence and value of regulation studies (or 'regulatory governance' studies) as a field of scholarly inquiry and as a leading scholar concerned with critically examining the governance of, and governance through, new and emerging technologies. Her current research focuses on critically evaluating the nature, legal, democratic and ethical implications of artificial intelligence, Big Data driven predictive decision-making and advances in neuroscientific techniques across a wide range of policy domains including commerce, healthcare, legal services and the enforcement of law.

Contributors:

Roger Brownsword, Eloise Scotford, Karen Yeung
Roger Brownsword
Jeanne Snelling and John McMillan
Tom Sorell and John Guelke
Thomas Baldwin
Donna Dickenson
Stephen Morse
Marcus Duwell
Morag Goodwin
Gregory Mandel
Antonio Cordella and Francesca Contini
Uta Kohl
O. Carter Snead and Stephanie Maloney
Stephen Waddams
Lisa Claydon
Elizabeth Fisher
Han Somsen
Jonathan Herring
Giovanni Sartor
Dinusha Mendis, Phoebe Li, Diane Nicol, and Jane Nielsen
Tonia Novitz
Rosemary Rayfuse
Jonathan Morgan
Arthur Cockfield
Lyria Bennett-Moses
Meg Leta-Jones and Jason Millar
Andrew Stirling
Andrew Murray and Mark Leiser
Amber Marks, Benjamin Bowling, Colman Keenan
Tierk Timan, Masa Galic, and Bert-Jaap Koops
Lee A. Bygrave
Fleur Johns
Jesse Reynolds
Karen Yeung
Nicholas Agar
Robin Bradley Kar and John Lindo
John Harris and David Lawrence
Barbel Dorbeck-Jung
Therese Murphy
Sheila McLean
Colin Gavaghan
Thomas Cottier
Kenneth Dau-Schmidt
David Wall
Kenneth Anderson and Matthew C.