ABSTRACT

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.

chapter Chapter 1|6 pages

Introduction to Law 3.0

chapter Chapter 2|3 pages

BookWorld

A short story about disruption

part one|37 pages

The technological disruption of law

chapter Chapter 3|4 pages

Law 1.0

Easy cases, difficult cases, and hard cases

chapter Chapter 4|4 pages

Law 1.0 disrupted

chapter Chapter 5|5 pages

Law 2.0 and technology as a problem

chapter Chapter 6|2 pages

Law 2.0 and the ‘crazy wall’

chapter Chapter 7|3 pages

Law 2.0 disrupted

Technology as a solution

chapter Chapter 8|6 pages

Law 3.0

Coherentist, regulatory-instrumentalist, and technocratic conversations

chapter Chapter 9|4 pages

Tech test case I

Liability for robot supervisors

chapter Chapter 10|5 pages

Tech test case II

Smart shops, code law, and contract law

chapter Chapter 11|2 pages

Easterbrook and the Law of the Horse

part two|19 pages

Law reimagined

chapter Chapter 12|3 pages

Law as one element in the regulatory environment

chapter Chapter 13|4 pages

Mapping the regulatory environment

chapter Chapter 14|6 pages

The complexion of the regulatory environment

chapter Chapter 15|2 pages

Law 3.0 and liberty

The pianos at St Pancras

chapter Chapter 16|2 pages

Law 3.0

The thin end of the wedge, and the thick end

part three|33 pages

Living with Law 3.0

chapter Chapter 17|6 pages

The benchmarks of legitimacy

The range of regulatory responsibilities

chapter Chapter 18|4 pages

Uncertainty, precaution, stewardship

chapter Chapter 19|4 pages

Reinventing the Rule of Law

chapter Chapter 20|2 pages

Technology and the triple licence

chapter Chapter 21|6 pages

High-tech policing and crime control

chapter Chapter 22|3 pages

The renewal of coherentism

chapter Chapter 23|3 pages

Redesigning the institutional framework I

National institutions

chapter Chapter 24|3 pages

Redesigning the institutional framework II

International institutions

part four|18 pages

Learning the law

chapter Chapter 25|10 pages

Rethinking legal education

chapter Chapter 26|4 pages

Any questions?

chapter Chapter 27|2 pages

Concluding remarks

Looking back, looking forward