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2 results

  • 2 - Technology, regulation and theory

  • Marcus Smith, Gregor Urbas, Australian National University, Canberra
  • Book:
    Technology Law
    Published online:
    21 April 2021
    Print publication:
    08 April 2021, pp 14-36

  • Summary

    This chapter examines science and technology from a regulatory and theoretical perspective, providing an important background to the substantive issues discussed throughout the text. The first part of the chapter looks at regulatory theory as it relates to technology, beginning with the general approach of John Braithwaite, and then at more recent approaches to information technology and the internet, specifically the ‘law is code’ approach of Lawrence Lessig and its further development by Andrew Murray. Next, the chapter examines political theory, considering the relationship between individuals and societies – how the behaviour of citizens is best managed according to competing interests, and how governments should legislate to manage these interests. The third part of the chapter examines the basic theories of ethical reasoning, deontology and consequentialism. Lastly, the chapter discusses the nature of scientific knowledge that underlies technology, and how scientific knowledge becomes established.