ABSTRACT

If Law 3.0 is our regulatory future, then we need to press the reset button. As a first step, the field for juristic inquiry is broadened by operating with a notion of the regulatory environment that accommodates both normative rule-based and non-normative technocratic approaches. Critically, we must correct a fixation with Law 1.0 by reimagining law within a regulatory environment that is no longer limited to guidance given by rules or norms. It is important to understand that the technological measures contemplated in Law 3.0 are varied. They include the design of products and processes, the design of places and spaces, and the design of people. Rather, what Law 3.0 reflects is the use of technological tools for regulatory purposes and the coexistence of rule and non-rule instruments not only in the regulatory toolbox but also in the everyday experience of regulatees.