Law 3.0 Rules, Regulation, and Technology

Putting technology front and centre in our thinking about law, this book introduces Law 3.0: the future of the legal landscape. Technology not only disrupts the traditional idea of what it is ‘to think like a lawyer,’ as per Law 1.0; it presents major challenges to regulatorswho arereasoning in a Law 2.0 mode. As this book demonstrates, the latest developments in technology offer regulators the possibility of employing a technical fix rather than just relying on rules – thus, we are introducing Law 3.0. Law 3.0 represents, so to speak, the state we are in and the conversation that we now need to have, and this book identifies some of the key points for discussion in that conversation. Thinking like a lawyer might continue to be associated with Law 1.0, but from 2020 onward, Law 3.0 is the conversation that we all need to join. And, as this book argues, law and the evolution of legal reasoning cannot be adequately understood unless we grasp the significance of technology in shaping both legal doctrine and our regulatory thinking. This is a book for those studying, or about to study, law – as well as others with interests in the legal, political, and social impact of technology.

1. Introduction to Law 3.0 2. BookWorld: A Short Story about Disruption Part One: The Technological Disruption of Law 3. Law 1.0: Easy Cases, Difficult Cases, and Hard Cases 4. Law 1.0 Disrupted 5. Law 2.0 and Technology as a Problem 6. Law 2.0 and the ‘Crazy Wall’ 7. Law 2.0 Disrupted: Technology as a Solution 8. Law 3.0: Coherentist, Regulatory-Instrumentalist, and Technocratic Conversations 9. Tech Test Case I: Liability for Robot Supervisors 10. Tech Test Case II: Smart Shops, Code Law, and Contract Law 11. Easterbrook and the Law of the Horse Part Two: Law Reimagined 12. Law as One Element in the Regulatory Environment 13. Mapping the Regulatory Environment 14. The Complexion of the Regulatory Environment 15. Law 3.0 and Liberty: The Pianos at St Pancras 16. Law 3.0: The Thin End of the Wedge, and the Thick End Part Three: Living with Law 3.0 17. The Benchmarks of Legitimacy: The Range of Regulatory Responsibilities 18. Uncertainty, Precaution, Stewardship 19. Re-inventing the Rule of Law 20. Technology and the Triple Licence 21. High Tech Policing and Crime Control 22. The Renewal of Coherentism 23. Redesigning the Institutional Framework I: National Institutions 24. Redesigning the Institutional Framework II: International Institutions Part Four: Learning the Law 25. Rethinking Legal Education 26. Any Questions? 27. Concluding Remarks: Looking Back, Looking Forward

Roger Brownsword is Professor in Law at King’s College London and at Bournemouth University, Honorary Professor at Sheffield University, and Visiting Professor at City University Hong Kong.