Autor: |
Roger Brownsword |
Jazyk: |
angličtina |
Rok vydání: |
2019 |
Předmět: |
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Zdroj: |
Technology and Regulation, Vol 2019 (2019) |
Druh dokumentu: |
article |
ISSN: |
2666-139X |
DOI: |
10.26116/techreg.2019.002 |
Popis: |
This article describes the technological disruption of law and legal reasoning, suggests how law might be re-imagined, and then proposes four key elements in the re-invention of law. Two waves of disruption are identified. One wave impacts on the content of legal rules and the way in which we perceive the deficiency of those rules. A second wave impacts on our appreciation of technological instruments as tools to be used for regulatory purposes in support of, or even in place of, legal rules. The suggested re-imagination of law centres on the idea of the regulatory environment, broadly conceived to include both normative and non-normative signals. The proposed re-invention of law has four strands. It starts with (i) a fresh understanding of the range of regulatory responsibilities. This understanding then shapes (ii) the articulation of the Rule of Law and it informs both (iii) a renewal of traditional coherentist thinking and (iv) a reshaping of legal and regulatory institutions. |
Databáze: |
Directory of Open Access Journals |
Externí odkaz: |
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