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The variety, pace, and power of technological innovations that have emerged in the 21st Century has been breathtaking. Examining the insights of leading scholars of law, technology, and regulation, this handbook underpins the legal, ethical, and social implications of rapid technological change and the growing body of scholarship that has followed.
Auteur
Roger Brownsword holds professorial positions at King's College London and Bournemouth University, and he is Honorary Professor in Law at Sheffield University. Until his retirement in 2010, he was founding Director of TELOS, an inter-disciplinary research centre at King's College London that focuses on law, ethics, and technology. He has acted as an adviser to parliamentary committees dealing with stem cells, cloning, and hybrid embryos, he was a member of the Nuffield Council on Bioethics from 2004 - 2010, he served on the Royal Society Brain Waves' Working Party on neuroscience and the law, and he was chair of the Ethics and Governance Council of UK Biobank from 2011-2015. He has published some 20 books and more than 200 academic papers; he is on the editorial board of the Modern Law Review, the International Journal of Law and Information Technology, and the Journal of Law and the Biosciences; and he is the founding general editor of Law, Innovation and Technology. Eloise Scotford is Senior Lecturer at The Dickson Poon School of Law at King's College London. She joined King's in 2010, after a previous appointment as Career Development Fellow in Environmental Law in the Faculty of Law and Corpus Christi College, University of Oxford. Dr Scotford actively researches in the areas of climate change law and governance, waste regulation, air quality control, comparative environmental law and sustainable development. Dr Scotford is Associate Member of Landmark Chambers, a visiting lecturer in environmental law at Bocconi University in Milan, and Analysis Editor for the Journal of Environmental Law. She also represents the United Kingdom in the Avosetta Group of EU environmental law experts. Karen Yeung is a Professor of Law at King's College London and a Distinguished Visiting Fellow at Melbourne Law School. From 1996 until 2006 she was a University Lecturer in Law at Oxford University Faculty of Law and a Tutorial Fellow in Law at St Anne's College, University of Oxford. She has established an international reputation in two fields: as an academic pioneer in helping to establish the intellectual coherence and value of regulation studies (or 'regulatory governance' studies) as a field of scholarly inquiry and as a leading scholar concerned with critically examining the governance of, and governance through, new and emerging technologies. Her current research focuses on critically evaluating the nature, legal, democratic and ethical implications of artificial intelligence, Big Data driven predictive decision-making and advances in neuroscientific techniques across a wide range of policy domains including commerce, healthcare, legal services and the enforcement of law.
Contenu
Part I: Introduction by the Editors
Law, Regulation, and Technology: the Field, Frame, and Focal Questions
Part II
1: Roger Brownsword: Law, Liberty, and Technology
2: Jeanne Snelling and John McMillan: Equality: Old Debates, New Technologies
3: Tom Sorell and John Guelke: Liberal Democractic Regulation and Technological Advance
4: Thomas Baldwin: Identity
5: Donna Dickenson: The Common Good
6: Stephen Morse: Law, Responsibility, and the Sciences of the Brain/Mind
7: Marcus Duwell: Human Dignity and the Ethics and Regulation of Technology
8: Morag Goodwin: Human Rights and Human Tissue: the Case of Sperm as Property
Part II
9: Gregory Mandel: Legal Evolution in Response to Technological Change
10: Antonio Cordella and Francesca Contini: Law and Technology in Civil Judicial Procedures
11: Uta Kohl: Conflict of Laws and the Internet
12: O. Carter Snead and Stephanie Maloney: Technology and the American Constitution
13: Stephen Waddams: Contract Law and the Challenges of Computer Technology
14: Lisa Claydon: Criminal Law Responses to Increased Scientific and Technological Understanding of Behaviour
15: Elizabeth Fisher: Imaging Technology and Environment Law
16: Han Somsen: From Improvement towards Enhancement: A Regenesis of Environmental Law at the Dawn of the Anthropocene
17: Jonathan Herring: Parental Responsibility: Hyper-parenting and the Role of Technology
18: Giovanni Sartor: Human Rights and Information Technologies
19: Dinusha Mendis, Phoebe Li, Diane Nicol, and Jane Nielsen: Intellectual Property Law
20: Tonia Novitz: Regulating Workplace Technology: Extending the Agenda
21: Rosemary Rayfuse: Public International Law and the Regulation of Emerging Technologies
22: Jonathan Morgan: Torts and Technology
23: Arthur Cockfield: Tax Law and Technology Change
Part IV
Section A: Regulating New Technologies
24: Lyria Bennett-Moses: Regulating in the Face of Socio-technical Change
25: Meg Leta-Jones and Jason Millar: Hacking Metaphors in the Anticipatory Governance of Emerging Technology: The Case of Regulating Robots
26: Andrew Stirling: The Role of the Precautionary Principle in the Regulation of New and Emerging Technologies
28: Andrew Murray and Mark Leiser: The Role of Non-state Actors and Institutions in the Governance of New and Emerging Digital Technologies
Section B: Technology as Regulation
29: Amber Marks, Benjamin Bowling, Colman Keenan: Automatic Justice? Technology, Crime, and Social Control
30: Tierk Timan, Masa Galic, and Bert-Jaap Koops: Surveillance Theory and its Implications for Law
31: Lee A. Bygrave: Hardwiring Privacy
32: Fleur Johns: Data-mining as Global Governance
33: Jesse Reynolds: Climate Eng