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Technology, governance and respect for the law : pictures at an exhibition / Roger Brownsword.

By: Material type: TextPublisher: Abingdon, Oxon ; New York, NY : Routledge, 2023Description: vi, 210 pages : IllustrationsISBN:
  • 9781032325507
  • 9781032325484
Subject(s): LOC classification:
  • K3171 .B76 2023
Contents:
Invitation -- A guide to the exhibition -- The main exhibits -- Law and its discontents -- Contracts, consumers, and commerce -- Back to the main exhibits -- Criminal law and criminal justice -- Back to the main exhibits -- Biolaw and bioethics -- Back to the main exhibits -- Information law -- Back to the main exhibits -- Constitutional law -- Back to the main exhibits -- Reflections on law's governance : prospectus, promise, and performance -- The law of the global commons -- The laws of the communities -- Respect relaxed, respect reimagined -- Long story told short.
Summary: "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"-- Provided by publisher.
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L Maasai Mara University Library -Main Campus K3171 .B76 2023 (Browse shelf(Opens below)) Available 26040798

Includes bibliographical references and index.

Includes bibliographical references and index.

Invitation -- A guide to the exhibition -- The main exhibits -- Law and its discontents -- Contracts, consumers, and commerce -- Back to the main exhibits -- Criminal law and criminal justice -- Back to the main exhibits -- Biolaw and bioethics -- Back to the main exhibits -- Information law -- Back to the main exhibits -- Constitutional law -- Back to the main exhibits -- Reflections on law's governance : prospectus, promise, and performance -- The law of the global commons -- The laws of the communities -- Respect relaxed, respect reimagined -- Long story told short.

"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"-- Provided by publisher.

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