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Technology, Governance and Respect for the Law - Pictures at an Exhibition (Paperback)
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Technology, Governance and Respect for the Law - Pictures at an Exhibition (Paperback)
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In the context of the technological disruption of law and, in
particular, the prospect of governance by machines, this book
reconsiders the demand that we should respect the law, simply
because it is the law. What does 'the law' need to look like to
justify our respect? Responding to this question, the book takes
the form of a dialectic between, on the one side, the promise of
the prospectus for law and, on the other, the discontent provoked
by the performance of law in practice; this is followed by a
synthesis. Four pictures of law are considered: two are traditional
pictures - law as order and law as just order; and two are prompted
by the technological disruption of law - law as governance by
machines and law as self-governance by humans. These pictures are
tested in five performance areas: contract law, criminal law,
biolaw, information law, and constitutional law. The synthesis,
revealing the complexity of the demand for respect, highlights
three particular points. First, the only prospectus for law that
clearly commands respect is one that is committed to protecting the
global commons (the preconditions for humans to form their own
communities with their own forms of governance); second, any form
of governance by humans will invite reservations and push-back
against the demand for respect; and, third, governance by machines
is not so much a superior form of governance as a radically
different form in which questions about respect are redundant. This
book will appeal to scholars and students with interests in the
broad and burgeoning field of law, regulation and technology, as
well as to legal theorists, practitioners, and others interested in
the impact of new technology on law.
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