Brownsword, Roger's Books

Law, Technology and Society

Reimagining the Regulatory Environment

By: Roger Brownsword

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Law, Technology and Society

Reimagining the Regulatory Environment

By: Roger Brownsword

This book considers the implications of the regulatory burden being borne increasingly by technological management rather than by rules of law. If crime is controlled, if human health and safety are secured, if the environment is protected, not by rules but by measures of technological management—designed into products, processes, places and so on—what should we make of this transformation? In an era of smart regulatory technologies, how should we understand the ‘regulatory environment’, and the ‘complexion’ of its regulatory signals? How does technological management sit with the Rule of Law and with the traditional ideals of legality, legal coherence, and respect for liberty, human rights and human dignity? What is the future for the rules of criminal law, torts and contract law—are they likely to be rendered redundant? How are human informational interests to be specified and protected? Can traditional rules of law survive not only the emergent use of technological management but also a risk management mentality that pervades the collective engagement with new technologies? Even if technological management is effective, is it acceptable? Are we ready for rule by technology? Undertaking a radical examination of the disruptive effects of technology on the law and the legal mind-set, Roger Brownsword calls for a triple act of re-imagination: first, re-imagining legal rules as one element of a larger regulatory environment of which technological management is also a part; secondly, re-imagining the Rule of Law as a constraint on the arbitrary exercise of power (whether exercised through rules or through technological measures); and, thirdly, re-imagining the future of traditional rules of criminal law, tort law, and contract law.

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Page Count

327

Publisher

Routledge

Published Date

ISBN 10

1351128167

ISBN 13

9781351128162

Law and the Technologies of the Twenty-First Century

Text and Materials

By: Roger Brownsword,Morag Goodwin

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Law and the Technologies of the Twenty-First Century

Text and Materials

By: Roger Brownsword,Morag Goodwin

A clear and comprehensive introduction for students studying key regulatory challenges posed by technologies in the twenty-first century. Co-authored by a leading scholar in the field with a new scholar to the area, it combines comprehensive knowledge with a fresh perspective. Essential reading for students of law and technology.

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Page Count

493

Publisher

Cambridge University Press

Published Date

ISBN 10

0521186242

ISBN 13

9780521186247

The Future of Governance

A Radical Introduction to Law

By: Roger Brownsword

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The Future of Governance

A Radical Introduction to Law

By: Roger Brownsword

This book offers a radically different introduction to law, one that reflects the challenges and opportunities presented by the rapid technological developments of our time. Traditionally, law has been about historic principles and rules and their application to a particular set of facts; and courts, judges, and disputes have been central to the legal enterprise. Against this approach, this book highlights four radical and revisionist ideas: by bringing modern technologies into the foreground; by presenting law as one particular mode of governance in a larger picture of governance that now includes technological modalities; by insisting that we have to think outside the traditional doctrinal box to engage with a broad range of governance questions; and by emphasising that human communities cannot flourish without good governance to which both lawyers and law are central. These four radical threads are woven into a discussion of the modern landscape of law, and together they offer a distinctly contemporary contribution to the quest for good governance. The challenge for lawyers now, the book maintains, is to contribute to thinking, both locally and globally, about how we take advantage of the opportunities presented by the newest technology, without compromising the essential conditions for human life and co-existence, and without losing what we value in law’s governance. This book is aimed at students who are studying law at university and legal academics, and others, interested in the current and future impact of technology on law.

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Page Count

219

Publisher

Taylor & Francis

Published Date

ISBN 10

1040120059

ISBN 13

9781040120057

Law and Human Genetics

Regulating a Revolution

By: Roger Brownsword,William Cornish,Margaret Llewelyn

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Law and Human Genetics

Regulating a Revolution

By: Roger Brownsword,William Cornish,Margaret Llewelyn

As developments in human genetics proceed apace,the regulation of genetic research and its applications is set to represent one of the major legal challenges of the next century. At every turn - in the fields of medicine and commerce, in insurance and employment, in the family and even in the criminal justice system - advances in human genetics threaten to transform our understanding of ourselves and the basis upon which we relate to one another. This special issue of the Modern Law Review addresses a range of key issues - conceptual, ethical, political and practical - arising from the regulatory challenge confronting the law in the face of the genetic revolution.

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Page Count

186

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1847312969

ISBN 13

9781847312969

Consent in the Law

By: Deryck Beyleveld,Roger Brownsword

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Consent in the Law

By: Deryck Beyleveld,Roger Brownsword

In a community that takes rights seriously, consent features pervasively in both moral and legal discourse as a justifying reason: stated simply, where there is consent, there can be no complaint. However, without a clear appreciation of the nature of a consent-based justification, its integrity, both in principle and in practice, is liable to be compromised. This book examines the role of consent as a procedural justification, discussing the prerequisites for an adequate consent -- in particular, that an agent with the relevant capacity has made an unforced and informed choice, that the consent has been clearly signalled, and that the scope of the authorisation covers the act in question. It goes on to highlight both the Fallacy of Necessity (where there is no consent, there must be a wrong) and the Fallacy of Sufficiency (where there is consent, there cannot be a wrong). Finally, the extent to which the authority of law itself rests on consent is considered. If the familiarity of consent-based justification engenders confusion and contempt, the analysis in this book acts as a corrective, identifying a range of abusive or misguided practices that variously under-value or over-value consent, that fictionalise it or that are fixated by it, and that treat it too casually or too cautiously. In short, the analysis in Consent in the Law points the way towards recognising an important procedural justification for precisely what it is as well as giving it a more coherent application.

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Page Count

406

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1847313442

ISBN 13

9781847313447

The Future of Governance

A Radical Introduction to Law

By: Roger Brownsword

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The Future of Governance

A Radical Introduction to Law

By: Roger Brownsword

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Page Count

219

Publisher

Taylor & Francis

Published Date

ISBN 10

1040120059

ISBN 13

9781040120057

Technology, Governance and Respect for the Law

Pictures at an Exhibition

By: Roger Brownsword

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Technology, Governance and Respect for the Law

Pictures at an Exhibition

By: Roger Brownsword

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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Page Count

197

Publisher

Taylor & Francis

Published Date

ISBN 10

1000684504

ISBN 13

9781000684506

Law, Technology and Society

Re-imagining the Regulatory Environment

By: Roger Brownsword

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Law, Technology and Society

Re-imagining the Regulatory Environment

By: Roger Brownsword

This book considers the implications of the regulatory burden being borne increasingly by technological management rather than by rules of law. If crime is controlled, if human health and safety are secured, if the environment is protected, not by rules but by measures of technological management--designed into products, processes, places and so on--what should we make of this transformation? In an era of smart regulatory technologies, how should we understand the 'regulatory environment', and the 'complexion' of its regulatory signals? How does technological management sit with the Rule of Law and with the traditional ideals of legality, legal coherence, and respect for liberty, human rights and human dignity? What is the future for the rules of criminal law, torts and contract law--are they likely to be rendered redundant? How are human informational interests to be specified and protected? Can traditional rules of law survive not only the emergent use of technological management but also a risk management mentality that pervades the collective engagement with new technologies? Even if technological management is effective, is it acceptable? Are we ready for rule by technology? Undertaking a radical examination of the disruptive effects of technology on the law and the legal mind-set, Roger Brownsword calls for a triple act of re-imagination: first, re-imagining legal rules as one element of a larger regulatory environment of which technological management is also a part; secondly, re-imagining the Rule of Law as a constraint on the arbitrary exercise of power (whether exercised through rules or through technological measures); and, thirdly, re-imagining the future of traditional rules of criminal law, tort law, and contract law.

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Page Count

351

Publisher

Law, Science and Society

Published Date

ISBN 10

0815356463

ISBN 13

9780815356462

Rethinking Law, Regulation, and Technology

By: Brownsword, Roger

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Rethinking Law, Regulation, and Technology

By: Brownsword, Roger

This insightful book presents a radical rethinking of the relationship between law, regulation, and technology. While in traditional legal thinking technology is neither of particular interest nor concern, this book treats modern technologies as doubly significant, both as major targets for regulation and as potential tools to be used for legal and regulatory purposes. It explores whether our institutions for engaging with new technologies are fit for purpose.

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Page Count

272

Publisher

Edward Elgar Publishing

Published Date

ISBN 10

1800886470

ISBN 13

9781800886476

It Takes All Types!

By: Alan W. Brownsword

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It Takes All Types!

By: Alan W. Brownsword

IT TAKES ALL TYPES! by Alan W. Brownsword has been acknowledged as one of the best books available to assist the lay person in understanding the fascinating insights gained from the Myers Briggs Type Indicator (MBTI). It is clear in style, accessible in approach & widely used as a text & reference. Over 25,000 copies have been sold since the introduction of IT TAKES ALL TYPES! seven years ago. Millions of people around the world have experienced the MBTI to describe their individual personality. Extrovert & Introvert, Sensing & Intuitive, Thinking & Feeling, Judging & Perceiving are all words that have come from Isabel Myers, Katherine Briggs & Carl Jung into our language. These words describe how we process information, gather information, make decisions & orient ourselves to the world around us. IT TAKES ALL TYPES! is the key to understanding the MBTI for counsellors, students & teachers, in schools, businesses & government agencies. IT TAKES ALL TYPES! is a valuable resource for insights into individual abilities, building teams & improved interpersonal communication. To order: HRM Press, Inc., 65 Indian Hill Road, Nicasio, CA 94946. 415-662-2534.

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Page Count

136

Publisher

H R M Press, Incorporated

Published Date

ISBN 10

0944393004

ISBN 13

9780944393000

Smith and Thomas

A Casebook on Contract

By: John Cyril Smith,Roger Brownsword,Joseph Anthony Charles Thomas

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Smith and Thomas

A Casebook on Contract

By: John Cyril Smith,Roger Brownsword,Joseph Anthony Charles Thomas

Smith & Thomas, the leading Casebook on Contract Law for over 40 years, returns in a new edition under the respected authorship of Professor Roger Brownsword. Well known for the quality and authoritative nature of the analysis and comprehensive coverage of the law, Smith & Thomas illustrates the key elements of contract law. The new edition has been updated to reflect current reform proposals and include coverage of the principles of European contract law. The accessibility of the text through the organisation of ideas and cases with the inclusion of questions at the end of cases and model answers makes this an ideal student text for all contract law courses.

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Page Count

854

Published Date

ISBN 10

1847034179

ISBN 13

9781847034175

The Law of Contract

By: M. P. Furmston,John Adams

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The Law of Contract

By: M. P. Furmston,John Adams

Now in its fourth edition, The Law of Contract provides a comprehensive and authoritative treatment of all aspects of the law of contract. It differs from other texts on the topic by offering a fresh, new approach to the area. Accessible and authoritative, The Law of Contract is designed specifically to meet the needs of the modern practitioner. This edition includes:* Comprehensive coverage of remedies for breach of contract, the rules for assigning contractual rights, unfair terms in consumer contracts* Developments on the law of economic duress such as the threat of damage to reputation, suspending supplies due under an existing contract in order to obtain a pecuniary advantage to which it was not entitled* Analysis of important Court of Appeal decision in Graves v Graves concerning whether a contract is void* Developments in decisions on misrepresentation and fraud such as Dadourian Group International v Simms (CA) Drouzhba v Wiseman (CA) (implications of solvency) Hamilton v Allied Domecq (Scots case in the HL re the impact of mere silence)* Further articulation of a "contextual" approach to interpretation, implication, and liability (based on the expectation and understanding encouraged by particular relationships and trading settings)* The latest developments at the European Commission, in relation to the draft Common Frame of Reference and the proposed Directive on Consumer Rights* Chapter 6 contains material, mainly drawn from the USA, to support the Law Commission's view that the Contracts (Rights of Third Parties) Act 1999 should not normally cut across chains of sales contracts; it also contains additional material on the rule that generally there is no privity of contract between a principal and a sub-agent

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Page Count

1997

Publisher

Butterworth-Heinemann

Published Date

ISBN 10

1405751088

ISBN 13

9781405751087

Book's by Brownsword, Roger

Law, Technology and Society

Law, Technology and Society

Law and the Technologies of the Twenty-First Century

Law and the Technologies of the Twenty-First Century

The Future of Governance

The Future of Governance

Law and Human Genetics

Law and Human Genetics

Consent in the Law

Consent in the Law

The Future of Governance

The Future of Governance

Technology, Governance and Respect for the Law

Technology, Governance and Respect for the Law

Law, Technology and Society

Law, Technology and Society

Rethinking Law, Regulation, and Technology

Rethinking Law, Regulation, and Technology

It Takes All Types!

It Takes All Types!

Smith and Thomas

Smith and Thomas

The Law of Contract

The Law of Contract

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