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The Oxford Handbook of Law, Regulation and Technology (Hardcover)
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The Oxford Handbook of Law, Regulation and Technology (Hardcover)
Series: Oxford Handbooks
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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.
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Review This Product
NEW FROM THE OUP: ......
Tue, 26 Sep 2017 | Review
by: Phillip T.
NEW FROM THE OUP:
ORIGINAL PERSPECTIVES ON TECHNOLOGICAL DEVELOPMENT AND THE LEGAL RESPONSE
An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers
and Reviews Editor, “The Barrister”
As the dizzying pace of technological change accelerates, can the law keep up? Obviously, there is no one answer to such a question if there can be any unequivocal answer at all. Yet within this wide ranging and complex area of enquiry, a multiplicity of issues emerges and as the debate continues, this new Handbook from the Oxford University Press will no doubt make a valuable contribution.
As the title indicates, the Handbook presents a three-pronged approach, dealing in turn with law, with regulation and with technology. The book itself, all 1,500 or so pages of it, has been a monumental endeavour, with its three learned editors -- all from the University of London, leading a team of some eighty international contributors from top universities and law schools worldwide.
The editors are careful to point out that the Handbook examines, ‘a broad and intersecting field of research’ and broad and intersecting it is. With a view to explaining what the word ‘technology’ actually means – and the intimidatingly vast distance it covers -- they point out that the Handbook deals not merely with information technology (IT), it encompasses most -- or just about all -- the technologies, including emerging technologies.
Be warned here as well as fascinated; the list is long. It encompasses the biotechnologies, neurotechnologies, nanotechnologies, robotics (and more) ‘each of which,’ say the editors, ‘announces itself from time to time, often with a high-level report, as a technology that warrants regulatory attention.’
With its many contributors, the Handbook certainly examines its subject matter from several multi-disciplinary viewpoints ranging from psychology and sociology to philosophy, jurisprudence and more.
Examine the Handbook with any degree of thoroughness and you’ll find -- to cite just a couple of examples -- a discussion on ‘why human dignity should be a central topic when it comes to the regulation of technology’ and in a separate chapter, you are challenged to ‘consider criminal responsibility as exemplary of the law’s folk psychology,’ with the conclusion therefore, that ‘the criminal law is a folk-psychological institution.’ You may or may not agree, but you’ll be intrigued by the convincing arguments presented.
Consider also the continuing developments in biotechnology. These will offer exhilarating and inspiring advances in the control and eradication of disease and disability. But on a cautionary note offered by some of the contributors, there is much sobering discussion of concerns not just about issues of safety, efficiency and equality, but whether certain technologies – genetic science in particular – can potentially ‘destabilize the very fabric of our moral community.’
Logically organised and easy to navigate, this volume should ideally end up in any number of professional, academic and law libraries the world over, not to mention those of the techie and social media giants (you know who you are), blissfully -- or callously and deliberately -- unconcerned about the often-unforeseen consequences of technological developments, primarily their misuse by a panoply of trolls, fraudsters, criminals and terrorists.
In showcasing leading research in an emerging field, this Handbook offers a number of original perspectives -- as well as warnings -- in which sociological and moral, as well as technical and legal issues are carefully considered. This is an important publication which everyone interested in this subject should acquire.
The publication date is cited as at 2017.
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