Rethinking Law, Regulation, and Technology PDF Download

Author: Brownsword, Roger
Publisher: Edward Elgar Publishing
ISBN: 1800886470
Category : Law
Languages : en
Pages : 272

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Book Description
This insightful book presents a radical rethinking of the relationship between law, regulation, and technology. While in traditional legal thinking technology is neither of particular interest nor concern, this book treats modern technologies as doubly significant, both as major targets for regulation and as potential tools to be used for legal and regulatory purposes. It explores whether our institutions for engaging with new technologies are fit for purpose.

Author: Roger Brownsword
Publisher: Routledge
ISBN: 1000081605
Category : Computers
Languages : en
Pages : 173

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Book Description
Putting technology front and centre in our thinking about law, this book introduces Law 3.0: the future of the legal landscape. Technology not only disrupts the traditional idea of what it is ‘to think like a lawyer,’ as per Law 1.0; it presents major challenges to regulators who are reasoning in a Law 2.0 mode. As this book demonstrates, the latest developments in technology offer regulators the possibility of employing a technical fix rather than just relying on rules – thus, we are introducing Law 3.0. Law 3.0 represents, so to speak, the state we are in and the conversation that we now need to have, and this book identifies some of the key points for discussion in that conversation. Thinking like a lawyer might continue to be associated with Law 1.0, but from 2020 onward, Law 3.0 is the conversation that we all need to join. And, as this book argues, law and the evolution of legal reasoning cannot be adequately understood unless we grasp the significance of technology in shaping both legal doctrine and our regulatory thinking. This is a book for those studying, or about to study, law – as well as others with interests in the legal, political, and social impact of technology.

Author: Johnstone, Syren
Publisher: Edward Elgar Publishing
ISBN: 1800886799
Category : Law
Languages : en
Pages : 328

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Book Description
This thought-provoking book challenges the way we think about regulating cryptoassets. Bringing a timely new perspective, Syren Johnstone critiques the application of a financial regulation narrative to cryptoassets, questioning the assumptions on which it is based and whether regulations developed in the 20th century remain fit to apply to a technology emerging in the 21st.

Author: Jacqueline Lipton
Publisher: Edward Elgar Publishing
ISBN: 1781002185
Category : Law
Languages : en
Pages : 176

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Book Description
The rapid increase in Internet usage over the past several decades has led to the development of new and essential areas of legislation and legal study. Jacqueline Lipton takes on the thorny question of how to define the field that has come to be known

Author: Syren Johnstone
Publisher: Edward Elgar Publishing
ISBN: 9781800886780
Category :
Languages : en
Pages : 320

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Book Description
This thought-provoking book challenges the way we think about the regulation of cryptoassets based on cryptographic consensus technology. Bringing a timely new perspective, Syren Johnstone critiques the application of a financial regulation narrative to cryptoassets, questions the assumptions on which it is based, and considers its impact on industry development. Providing new insights into the dynamics of oversight regulation, Johnstone argues that the financial narrative stifles the 'New Prospect' for the formation of novel commercial relationships and institutional arrangements. The book asks whether regulations developed in the 20th century remain appropriate to apply to a technology emerging in the 21st, suggesting it is time to think about how to regulate for ecosystem development. Johnstone concludes with proposals for reform, positing a new framework that facilitates industry aspirations while remaining sustainable and compatible with regulatory objectives. Rethinking the Regulation of Cryptoassets will be an invaluable read for policy makers, regulators and technologists looking for a deeper understanding of the issues surrounding cryptoasset regulation and possible alternative approaches. It will also be of interest to scholars and students researching the intersection of law, technology, regulation and finance.

Author: Alessio Pacces
Publisher: Routledge
ISBN: 1135099413
Category : Law
Languages : en
Pages : 492

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Book Description
The standard approach to the legal foundations of corporate governance is based on the view that corporate law promotes separation of ownership and control by protecting non-controlling shareholders from expropriation. This book takes a broader perspective by showing that investor protection is a necessary, but not sufficient, legal condition for the efficient separation of ownership and control. Supporting the control powers of managers or controlling shareholders is as important as protecting investors from the abuse of these powers. Rethinking Corporate Governance reappraises the existing framework for the economic analysis of corporate law based on three categories of private benefits of control. Some of these benefits are not necessarily bad for corporate governance. The areas of law mainly affecting private benefits of control – including the distribution of corporate powers, self-dealing, and takeover regulation – are analyzed in five jurisdictions, namely the US, the UK, Italy, Sweden, and the Netherlands. Not only does this approach to corporate law explain separation of ownership and control better than just investor protection; it also suggests that the law can improve the efficiency of corporate governance by allowing non-controlling shareholders to be less powerful.

Author: Chris Reed
Publisher: Edward Elgar Publishing
ISBN: 1785364294
Category : LAW
Languages : en
Pages : 256

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Book Description
Cyberspace is a difficult area for lawyers and lawmakers. With no physical constraining borders, the question of who is the legitimate lawmaker for cyberspace is complex. Rethinking the Jurisprudence of Cyberspace examines how laws can gain legitimacy in cyberspace and identifies the limits of the law’s authority in this space.

Author: Katherine V.W. Stone
Publisher: Russell Sage Foundation
ISBN: 1610448030
Category : Business & Economics
Languages : en
Pages : 438

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Book Description
During the middle third of the 20th century, workers in most industrialized countries secured a substantial measure of job security, whether through legislation, contract or social practice. This “standard employment contract,” as it was known, became the foundation of an impressive array of rights and entitlements, including social insurance and pensions, protection against unsociable working conditions, and the right to bargain collectively. Recent changes in technology and the global economy, however, have dramatically eroded this traditional form of employment. Employers now value flexibility over stability, and increasingly hire employees for short-term or temporary work. Many countries have also repealed labor laws, relaxed employee protections, and reduced state-provided benefits. As the old system of worker protection declines, how can labor regulation be improved to protect workers? In Rethinking Workplace Regulation, nineteen leading scholars from ten countries and half a dozen disciplines present a sweeping tour of the latest policy experiments across the world that attempt to balance worker security and the new flexible employment paradigm. Edited by noted socio-legal scholars Katherine V.W. Stone and Harry Arthurs, Rethinking Workplace Regulation presents case studies on new forms of dispute resolution, job training programs, social insurance and collective representation that could serve as policy models in the contemporary industrialized world. The volume leads with an intriguing set of essays on legal attempts to update the employment contract. For example, Bruno Caruso reports on efforts in the European Union to “constitutionalize” employment and other contracts to better preserve protective principles for workers and to extend their legal impact. The volume then turns to the field of labor relations, where promising regulatory strategies have emerged. Sociologist Jelle Visser offers a fresh assessment of the Dutch version of the ‘flexicurity’ model, which attempts to balance the rise in nonstandard employment with improved social protection by indexing the minimum wage and strengthening rights of access to health insurance, pensions, and training. Sociologist Ida Regalia provides an engaging account of experimental local and regional “pacts” in Italy and France that allow several employers to share temporary workers, thereby providing workers job security within the group rather than with an individual firm. The volume also illustrates the power of governments to influence labor market institutions. Legal scholars John Howe and Michael Rawling discuss Australia's innovative legislation on supply chains that holds companies at the top of the supply chain responsible for employment law violations of their subcontractors. Contributors also analyze ways in which more general social policy is being renegotiated in light of the changing nature of work. Kendra Strauss, a geographer, offers a wide-ranging comparative analysis of pension systems and calls for a new model that offers “flexible pensions for flexible workers.” With its ambitious scope and broad inquiry, Rethinking Workplace Regulation illustrates the diverse innovations countries have developed to confront the policy challenges created by the changing nature of work. The experiments evaluated in this volume will provide inspiration and instruction for policymakers and advocates seeking to improve worker’s lives in this latest era of global capitalism.

Author: Roger Brownsword
Publisher: Routledge
ISBN: 1351128167
Category : Law
Languages : en
Pages : 327

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Book Description
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.

Author: Frank Pasquale
Publisher: Harvard University Press
ISBN: 0674975227
Category : Law
Languages : en
Pages : 345

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Book Description
AI is poised to disrupt our work and our lives. We can harness these technologies rather than fall captive to them—but only through wise regulation. Too many CEOs tell a simple story about the future of work: if a machine can do what you do, your job will be automated. They envision everyone from doctors to soldiers rendered superfluous by ever-more-powerful AI. They offer stark alternatives: make robots or be replaced by them. Another story is possible. In virtually every walk of life, robotic systems can make labor more valuable, not less. Frank Pasquale tells the story of nurses, teachers, designers, and others who partner with technologists, rather than meekly serving as data sources for their computerized replacements. This cooperation reveals the kind of technological advance that could bring us all better health care, education, and more, while maintaining meaningful work. These partnerships also show how law and regulation can promote prosperity for all, rather than a zero-sum race of humans against machines. How far should AI be entrusted to assume tasks once performed by humans? What is gained and lost when it does? What is the optimal mix of robotic and human interaction? New Laws of Robotics makes the case that policymakers must not allow corporations or engineers to answer these questions alone. The kind of automation we get—and who it benefits—will depend on myriad small decisions about how to develop AI. Pasquale proposes ways to democratize that decision making, rather than centralize it in unaccountable firms. Sober yet optimistic, New Laws of Robotics offers an inspiring vision of technological progress, in which human capacities and expertise are the irreplaceable center of an inclusive economy.