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.
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Pictures at an Exhibition
Produktdetaljer
ISBN
9781000684506
Publisert
2022
Utgave
1. utgave
Utgiver
Taylor & Francis
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter