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"A Conversational Method Law should be understood as a system for adapting human social technology to human physical technology. Law runs on language, and it upgrades according to the rules of language. So as we discuss those rules and the role they play in the development of law, I would like to do so at the same time. My aim is for this book to be an example of this method. This book tries to develop language we can use to talk about how to develop the kind of language (law) that will help us survive the future. I will try to state my understanding of how things are and how things ought to be straightforwardly. It is important to me to be clear enough to be understood where I am right, and identifiably wrong where I am wrong. But even if stated forcefully, everything I say here is to be taken provisionally, as an introduction to a conversation. That is because a book is only half a conversation. A book is only paper until read, and the reader brings more than half the meaning to the table. If I mean to say-as I do mean to say-that life-giving language arises from community and context, then I must admit that I am missing your half of the conversation. I wish that this book were closer in form to a conversation, such that you could respond to what I say here, and I could accept your criticism, and we could develop more precise and better language for talking about the issue. That is how we would make progress"--

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.

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.

"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"--

Technologies such as synthetic biology, nanotechnology, artificial intelligence, and geoengineering promise to address many of our most serious problems, yet they also bring environmental and health-related risks and uncertainties. Moreover, they can come to dominate global production systems and markets with very little public input or awareness. Existing governance institutions and processes do not adequately address the risks of new technologies, nor do they give much consideration to the concerns of persons affected by them.

Instead of treating technology, health, and the environment as discrete issues, Albert C. Lin argues that laws must acknowledge their fundamental relationship, anticipating both future technological developments and their potential adverse effects. Laws should encourage international cooperation and the development of common global standards, while allowing for flexibility and reassessment.

Intro -- Law Enforcement and Technology -- Acknowledgment -- Contents -- Contributors -- List of Figures -- List of Tables -- 1 An Introduction -- The Police (Developing the Service) -- The Structure of the Book -- References -- 2 Horses and Horsepower, Fingerprints and Forensics: The Development of Technology and Law Enforcement -- Introduction -- Where It All Begins -- The Science of Investigation -- Professionalization and Policing -- The Science of Policing -- Summary -- References -- 3 Advances in Technology and Policing: 21st Century America -- Introduction -- Patrol -- Dash Cam -- GIS -- Intelligence -- Social Media -- Interrogation -- Advanced Interrogation and Interview Technology -- Records & Data -- License Plate Tracking -- Spying -- Biometric Data Collection -- Fingerprints -- Facial Recognition -- Iris Recognition -- Safety and Technology -- Body Cameras -- Less-Lethal Force -- Electronic Surveillance -- CCTV -- Next Generation 9-1-1 -- Summary -- References -- 4 Positive Policing: Communication and the Public -- Introduction -- Technology as Communication -- Conversations with the Public as Communication -- The Skill of Good Communication -- Supporting a Positive Public -- When Things Are Not so Good -- Summary: Understanding the Use of Electronic Technology -- Notes -- References -- 5 Technology at Work: Attitudes Toward Law Enforcement in "Social" Media -- Introduction -- How Can We Assess the Public's Attitude toward Law Enforcement? -- What Is the Social Media Telling Us About the Police? -- High Praise -- Middle of the Road Evaluations -- Poor Opinions -- General Angst -- Media Fueled Distrust -- Personal Accounts -- Summary: Moving Forward -- References -- 6 Technology that Aids the Investigative Process -- Introduction -- Communication -- Cameras and Video -- Crime Scene-Related Technologies.