Lucy, William (2022) 'The Death of Law, Another Obituary.', Cambridge Law Review, 81 (1). pp. 109-138.
This essay argues that a defining characteristic of modern law – the distinctive way in which it judges its addressees – will disappear. After sketching the distinctive nature of modern law's judgment, I show that it is part of a broader regulatory paradigm (rule or East Coast regulation) which is itself being superseded. Technological management is the alternative regulatory paradigm and I examine its rise and salience, showing how it might, in combination with the advent of ubiquitous computing, machine learning and artificial intelligence, cure a range of alleged pathologies that mark contemporary legal systems. The essay also demonstrates why technological management is now our regulatory default, its salience flowing from changes in the nature of our thinking about, and deployment of, power. The essay combines the work of Roger Brownsword, a leading contemporary jurist of technological management, with that of the world-renowned social theorist Michel Foucault.
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|Publisher Web site:||https://doi.org/10.1017/S0008197321001021|
|Publisher statement:||This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.|
|Date accepted:||14 September 2021|
|Date deposited:||29 September 2021|
|Date of first online publication:||18 February 2022|
|Date first made open access:||29 September 2021|
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