Roger Brownsword's Books

Law 3.0

Rules, Regulation, and Technology

By: Roger Brownsword

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Law 3.0

Rules, Regulation, and Technology

By: Roger Brownsword

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 regulators who are reasoning 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.

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Page Count

181

Publisher

Routledge

Published Date

ISBN 10

1000081605

ISBN 13

9781000081602

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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219

Publisher

Taylor & Francis

Published Date

ISBN 10

1040120059

ISBN 13

9781040120057

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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493

Publisher

Cambridge University Press

Published Date

ISBN 10

0521186242

ISBN 13

9780521186247

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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186

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1847312969

ISBN 13

9781847312969

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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219

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Taylor & Francis

Published Date

ISBN 10

1040120059

ISBN 13

9781040120057

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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406

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1847313442

ISBN 13

9781847313447

Consent in the Law

By: Deryck Beyleveld,Roger Brownsword

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Consent in the Law

By: Deryck Beyleveld,Roger Brownsword

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406

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Bloomsbury Publishing

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ISBN 10

1847313442

ISBN 13

9781847313447

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

Rethinking Law, Regulation, and Technology

By: Brownsword, Roger

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Rethinking Law, Regulation, and Technology

By: Brownsword, Roger

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272

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Edward Elgar Publishing

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ISBN 10

1800886470

ISBN 13

9781800886476

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

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327

Publisher

Routledge

Published Date

ISBN 10

1351128167

ISBN 13

9781351128162

Remedies in Contract and Tort

By: Donald Harris,David Campbell,Roger Halson

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Remedies in Contract and Tort

By: Donald Harris,David Campbell,Roger Halson

Remedies is one of the key organizing concepts of the obligations approach to the common law. This second edition modernizes the former 1995 edition quite considerably. It determines the place of remedies in contract and tort within the debate about the reform of the common law obligation.

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Page Count

692

Publisher

Cambridge University Press

Published Date

ISBN 10

0521606055

ISBN 13

9780521606059

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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197

Publisher

Taylor & Francis

Published Date

ISBN 10

1000684504

ISBN 13

9781000684506

Criminology

By: Steve Case,Phil Johnson,David Manlow,Roger Smith,Kate Williams

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Criminology

By: Steve Case,Phil Johnson,David Manlow,Roger Smith,Kate Williams

Criminology is a textbook with a new approach, both student-focused and research-engaged. Written for today's students, it provides the framework of knowledge core to exploring, understanding, and explaining crime. The goal is simple and bold - to help the next generation of criminologists to be switched-on, excited, and critical.

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Page Count

949

Publisher

Oxford University Press

Published Date

ISBN 10

0198736754

ISBN 13

9780198736752

Technology, Humans, and Discontent with Law

The Quest for Better Governance

By: Roger Brownsword

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Technology, Humans, and Discontent with Law

The Quest for Better Governance

By: Roger Brownsword

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 ‘low tech’, 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 ‘high-tech’ (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 law’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 law’s governance and apparently better performing governance by technology. That law’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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Page Count

179

Publisher

Taylor & Francis

Published Date

ISBN 10

1000992136

ISBN 13

9781000992137

The Oxford Textbook on Criminology

By: Steve Case,David Manlow,Kate Williams,Philip Johnson,Roger Smith

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The Oxford Textbook on Criminology

By: Steve Case,David Manlow,Kate Williams,Philip Johnson,Roger Smith

First published in 2017, as: Criminology.

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1129

Publisher

Oxford University Press

Published Date

ISBN 10

0198835833

ISBN 13

9780198835837

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

Law and the Technologies of the Twenty-First Century provides a contextual account of the way in which law functions in a broader regulatory environment across different jurisdictions. It identifies and clearly structures the four key challenges that technology poses to regulatory efforts, distinguishing between technology as a regulatory target and tool, and guiding the reader through an emerging field that is subject to rapid change. By extensive use of examples and extracts from the texts and materials that form and shape the scholarly and public debates over technology regulation, it presents complex material in a stimulating and engaging manner. Co-authored by a leading scholar in the field with a scholar new to the area, it combines comprehensive knowledge of the field with a fresh approach. This is essential reading for students of law and technology, risk regulation, policy studies, and science and technology studies.

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Page Count

878

Publisher

Cambridge University Press

Published Date

ISBN 10

1139510525

ISBN 13

9781139510523

Understanding Law

By: John N. Adams,Roger Brownsword

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Understanding Law

By: John N. Adams,Roger Brownsword

This introduction to law presents a contextual overview of the English legal system while, at the same time, providing the groundwork for a critical understanding of legal institutions, processes and materials. Understanding Law is not simply an exposition of the English legal system. It also places the study of law within a broader framework of inquiry focusing on the evaluation and explanation of legal decision-making at all levels. This new edition incorporates: . A fully revised and updated chapter on the criminal justice system, taking account of the Auld Review and the government's latest CJS proposals. An expanded chapter on the civil justice system after Woolf. The impact of the Human Rights Act (including Lambert and Kansal on precedent practice in the House of Lords). A completely new section on the globalisation of law This book sets a distinctive manifesto for legal education that is in line with the ACLEC emphasis on understanding (rather than passive role learning) as the key to the initial stage of legal education. It has proven to be a valuable introductory text for new law students

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321

Published Date

ISBN 10

0421787309

ISBN 13

9780421787308

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

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

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Page Count

186

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1847312969

ISBN 13

9781847312969

Understanding Contract Law

By: John N. Adams,Roger Brownsword

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Understanding Contract Law

By: John N. Adams,Roger Brownsword

Understanding Contract Law' presents an overview of contract law, written in an accessible style by two leading contract lawyers. The text seeks to explain the nature of the law, and to explain and solve specific problems.

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Page Count

284

Published Date

ISBN 10

0421858508

ISBN 13

9780421858503

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