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Technology, Humans, and Discontent with Law: The Quest for Better Governance

By (author) Roger Brownsword

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This book analyses discontent with law and assesses the prospect of better governance by technology. In the first part of the book, where the context is â€˜low techâ€™, 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 â€˜high-techâ€™ (with new tools becoming available to undertake governance functions), the question is whether discontent with law is further provoked or, to the contrary, is eased. While new technologies provoke further discontent with lawâ€™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 lawâ€™s governance and apparently better performing governance by technology. That lawâ€™s governance is imperfect is undeniable; that humans should quest after better governance 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.

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