ABSTRACT
If technologically managed environments are to be a significant part of our regulatory future, then the argument so far is that the domain of jurisprudence needs to be extended in a way that facilitates inquiry into both law as a normative regulatory strategy and the use of non-normative technological instruments. This chapter focuses on a typology highlighting three ideal-typical generations of regulatory environment. In a first-generation regulatory environment, regulators would rely exclusively on normative signals. In a Second-generation regulatory environment, regulators would rely on the design of products and places as well as the automation of processes that result in humans being taken out of the loop. In a Third-generation regulatory environment, regulators would go beyond traditional normative signals and design of products and places by incorporating the regulatory design within regulatees themselves. The technologically managed environment is still recognisably a regulatory environment.
