{"title":"Legal Regulation, Technological Management and the Future of Human Agency.","authors":"William Lucy","doi":"10.1093/ojls/gqae035","DOIUrl":null,"url":null,"abstract":"<p><p>This article examines the role of human agency within two competing regulatory paradigms: law and technological management. It sketches both paradigms and suggests that the direction of regulatory travel in familiar jurisdictions is from the former towards the latter. It then examines the possible effect of this transition upon human agency. It defends a general account of agency, distinguishing that notion from autonomy, and shows that that account informs the legal regulatory paradigm. It then considers whether agency, so conceived, can persist and flourish within a technological management regulatory context. It does so by reference to a thought-experiment. That experiment, and two of three responses to it, assumes that agency can be quantified, and the article shows how this can be done. It concludes that a transition from legal regulation to technological management will reduce the amount of human agency in the world and imperil other important values.</p>","PeriodicalId":47225,"journal":{"name":"Oxford Journal of Legal Studies","volume":"45 1","pages":"55-80"},"PeriodicalIF":1.4000,"publicationDate":"2024-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11928222/pdf/","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Oxford Journal of Legal Studies","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1093/ojls/gqae035","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"2025/1/1 0:00:00","PubModel":"eCollection","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
This article examines the role of human agency within two competing regulatory paradigms: law and technological management. It sketches both paradigms and suggests that the direction of regulatory travel in familiar jurisdictions is from the former towards the latter. It then examines the possible effect of this transition upon human agency. It defends a general account of agency, distinguishing that notion from autonomy, and shows that that account informs the legal regulatory paradigm. It then considers whether agency, so conceived, can persist and flourish within a technological management regulatory context. It does so by reference to a thought-experiment. That experiment, and two of three responses to it, assumes that agency can be quantified, and the article shows how this can be done. It concludes that a transition from legal regulation to technological management will reduce the amount of human agency in the world and imperil other important values.
期刊介绍：
The Oxford Journal of Legal Studies is published on behalf of the Faculty of Law in the University of Oxford. It is designed to encourage interest in all matters relating to law, with an emphasis on matters of theory and on broad issues arising from the relationship of law to other disciplines. No topic of legal interest is excluded from consideration. In addition to traditional questions of legal interest, the following are all within the purview of the journal: comparative and international law, the law of the European Community, legal history and philosophy, and interdisciplinary material in areas of relevance.
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