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Books > Law > Jurisprudence & general issues > Law & society
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Law, Technology and Society - Re-imagining the Regulatory Environment (Hardcover)
Loot Price: R4,469
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Law, Technology and Society - Re-imagining the Regulatory Environment (Hardcover)
Series: Law, Science and Society
Expected to ship within 12 - 19 working days
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This book considers the implications of the regulatory burden being
borne increasingly by technological management rather than by rules
of law. If crime is controlled, if human health and safety are
secured, if the environment is protected, not by rules but by
measures of technological management-designed into products,
processes, places and so on-what should we make of this
transformation? In an era of smart regulatory technologies, how
should we understand the 'regulatory environment', and the
'complexion' of its regulatory signals? How does technological
management sit with the Rule of Law and with the traditional ideals
of legality, legal coherence, and respect for liberty, human rights
and human dignity? What is the future for the rules of criminal
law, torts and contract law-are they likely to be rendered
redundant? How are human informational interests to be specified
and protected? Can traditional rules of law survive not only the
emergent use of technological management but also a risk management
mentality that pervades the collective engagement with new
technologies? Even if technological management is effective, is it
acceptable? Are we ready for rule by technology? Undertaking a
radical examination of the disruptive effects of technology on the
law and the legal mind-set, Roger Brownsword calls for a triple act
of re-imagination: first, re-imagining legal rules as one element
of a larger regulatory environment of which technological
management is also a part; secondly, re-imagining the Rule of Law
as a constraint on the arbitrary exercise of power (whether
exercised through rules or through technological measures); and,
thirdly, re-imagining the future of traditional rules of criminal
law, tort law, and contract law.
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