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(s): Roger Brownsword
Publisher: Routledge
Year: 2020
Language: English
Pages: 136
City: Abingdon
Cover
Half Title
Title Page
Copyright Page
Contents
1 Introduction to Law 3.0
2 BookWorld: a short story about disruption
PART ONE The technological disruption of law
3 Law 1.0: easy cases, difficult cases, and hard cases
4 Law 1.0 disrupted
5 Law 2.0 and technology as a problem
6 Law 2.0 and the ‘crazy wall’
7 Law 2.0 disrupted: technology as a solution
8 Law 3.0: coherentist, regulatory-instrumentalist, and technocratic conversations
9 Tech test case I: liability for robot supervisors
10 Tech test case II: smart shops, code law, and contract law
11 Easterbrook and the Law of the Horse
PART TWO Law reimagined
12 Law as one element in the regulatory environment
13 Mapping the regulatory environment
14 The complexion of the regulatory environment
15 Law 3.0 and liberty: the pianos at St Pancras
16 Law 3.0: the thin end of the wedge, and the thick end
PART THREE Living with Law 3.0
17 The benchmarks of legitimacy: the range of regulatory responsibilities
18 Uncertainty, precaution, stewardship
19 Reinventing the Rule of Law
20 Technology and the triple licence
21 High-tech policing and crime control
22 The renewal of coherentism
23 Redesigning the institutional framework I: national institutions
24 Redesigning the institutional framework II: international institutions
PART FOUR Learning the law
25 Rethinking legal education
26 Any questions?
27 Concluding remarks: looking back, looking forward
References
Further indicative reading
