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Bargaining, negotiation and civil penalty sanctions together
constitute central techniques used by regulators in securing
compliance with the law. This book is a timely exploration of these
practices, constructing a principled framework for evaluating their
legitimacy and thereby drawing into sharper focus the importance of
the constitutional principles in regulatory compliance. Although
Australian competition law provides the focal point of the book,
its analysis and critique is equally applicable to other
competition law regimes and to other areas of business regulation.
While there are numerous empirical studies of regulatory
enforcement, this book introduces a normative dimension to the
debate by seeking to identify whether there are certain principled
and ethical limits that inform and circumscribe the limits of
legitimate enforcement practice. It is likely to be of interest to
scholars in the fields of public law, criminology, economics, and
regulation, and may also be of considerable assistance to legal
practitioners in providing a principled, legal foundation from
which to draw in their dealings with regulators.
As the power and sophistication of of 'big data' and predictive
analytics has continued to expand, so too has policy and public
concern about the use of algorithms in contemporary life. This is
hardly surprising given our increasing reliance on algorithms in
daily life, touching policy sectors from healthcare, transport,
finance, consumer retail, manufacturing education, and employment
through to public service provision and the operation of the
criminal justice system. This has prompted concerns about the need
and importance of holding algorithmic power to account, yet it is
far from clear that existing legal and other oversight mechanisms
are up to the task. This collection of essays, edited by two
leading regulatory governance scholars, offers a critical
exploration of 'algorithmic regulation', understood both as a means
for co-ordinating and regulating social action and decision-making,
as well as the need for institutional mechanisms through which the
power of algorithms and algorithmic systems might themselves be
regulated. It offers a unique perspective that is likely to become
a significant reference point for the ever-growing debates about
the power of algorithms in daily life in the worlds of research,
policy and practice. The range of contributors are drawn from a
broad range of disciplinary perspectives including law, public
administration, applied philosophy, data science and artificial
intelligence. Taken together, they highlight the rise of
algorithmic power, the potential benefits and risks associated with
this power, the way in which Sheila Jasanoff's long-standing claim
that 'technology is politics' has been thrown into sharp relief by
the speed and scale at which algorithmic systems are proliferating,
and the urgent need for wider public debate and engagement of their
underlying values and value trade-offs, the way in which they
affect individual and collective decision-making and action, and
effective and legitimate mechanisms by and through which
algorithmic power is held to account.
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.
While it is a truism that emerging technologies present both
opportunities for and challenges to their host communities, the
legal community has only recently begun to consider their
significance. On the one hand, emerging information, bio, nano, and
neurotechnologies challenge policy-makers who aspire to put in
place a regulatory environment that is legitimate, effective, and
sustainable; on the other hand, these same technologies offer new
opportunities as potentially powerful regulatory instruments. In
this unique volume, a team of leading international scholars
address many of the key difficulties surrounding the regulation of
emerging technological targets as well as the implications of
adopting technology as a regulatory tool. How should we rise to the
challenge of regulating technologies? How are the regulatory lines
to be drawn in the right places and how is the public to be
properly engaged? How is precaution to be accommodated, and how can
the law keep pace with technologies that develop ahead of the
regulatory environment? How readily should we avail ourselves of
the opportunity to use technology as a regulative strategy? How are
we to understand these strategies and the challenges which they
raise? To what extent do they give rise to similar policy problems
accompanying more 'traditional' regulatory instruments or generate
distinctive challenges? While the criminal justice system
increasingly relies on technological assistance and the development
of a 'surveillance society', is a regulatory regime that rules by
technology compatible with rule of law values?
In recent years, regulation has emerged as one of the most distinct
and important fields of study in the social sciences, both for
policy-makers and for scholars who require a theoretical framework
that can be applied to any social sector. This timely textbook
provides a conceptual map of the field and an accessible and
critical introduction to the subject. Morgan and Yeung set out a
diverse and stimulating selection of materials and give them
context with a comprehensive and critical commentary. By adopting
an interdisciplinary approach and emphasising the role of law in
its broader social and political context, it will be an invaluable
tool for the student coming to regulation for the first time. This
clearly structured, academically rigorous title, with a
contextualised perspective, is essential reading for all students
of the subject.
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