Technology, Humans, and Discontent with Law

by: Roger Brownsword (Author)
Edition:1st

Publication Date: November 6, 2023

Language: English

Print Length: 250 pages

ISBN-10: 1032576758

ISBN-13: 9781032576756

Book Description

This book analyses discontent with law and assesses the prospect of better goveance by technology.In the first part of the book, where the context is ‘low tech’, the range of discontent with law is examined; the underlying reasons for such discontent are identified (namely, the human nature of the legal enterprise, its reliance on rules, and the pluralistic nature of human communities); and the reasonableness of such discontent is assessed. In the second part of the book, where the context is ‘high-tech’ (with new tools becoming available to undertake goveance functions), the question is whether discontent with law is further provoked or, to the contrary, is eased. While new technologies provoke further discontent with law’s claimed authority, its ineffectiveness, and its principles, positions, and policies, they also promise more effective and efficient ways of achieving order. The book closes with some reflections on the ambivalence that humans might experience when faced with the choice between law’s goveance and apparently better performing goveance by technology. That law’s goveance is imperfect is undeniable; that humans should quest after better goveance is right; but, the shape of our technological futures is unclear.This accessibly written book will appeal to scholars and students who are working in the broad and burgeoning field of law, regulation, and technology, as well as to legal theorists, political scientists, and sociologists with interests in the impact of new technology.
This book analyses discontent with law and assesses the prospect of better goveance by technology.In the first part of the book, where the context is ‘low tech’, the range of discontent with law is examined; the underlying reasons for such discontent are identified (namely, the human nature of the legal enterprise, its reliance on rules, and the pluralistic nature of human communities); and the reasonableness of such discontent is assessed. In the second part of the book, where the context is ‘high-tech’ (with new tools becoming available to undertake goveance functions), the question is whether discontent with law is further provoked or, to the contrary, is eased. While new technologies provoke further discontent with law’s claimed authority, its ineffectiveness, and its principles, positions, and policies, they also promise more effective and efficient ways of achieving order. The book closes with some reflections on the ambivalence that humans might experience when faced with the choice between law’s goveance and apparently better performing goveance by technology. That law’s goveance is imperfect is undeniable; that humans should quest after better goveance is right; but, the shape of our technological futures is unclear.This accessibly written book will appeal to scholars and students who are working in the broad and burgeoning field of law, regulation, and technology, as well as to legal theorists, political scientists, and sociologists with interests in the impact of new technology. Read more