Technology, Competition, and Values
Frank A. Pasquale III
Seton Hall University - School of Law; Yale University - Yale Information Society Project
Minnesota Journal of Law, Science & Technology, Forthcoming
Seton Hall Public Law Research Paper No. 1002463
Law can advance or retard the distributive effects of innovation and its diffusion in many ways. Certain technologies merit special monitoring because they promote the leveraging of economic advantage into social or cultural advantage without substantially increasing overall social welfare. Others threaten to undermine collective values and perceptions commonly used to evaluate technology. A final category threatens to do both, creating unfair or wasteful competition while blunting our capacity to recognize its morally dubious character.
As new sectors of life become more game-like and competitive, methods of leveling the playing field developed in sports and college admissions might become more broadly relevant. Inequality impact statements may be as important to our cultural environment as environmental impact statements are to the natural world. Finally, current laws regulating the use of controlled substances may need to be extended to precision chemical-based emotional enhancement, even if such pharmaceutical interventions are non-addictive. Technology should not be allowed to accelerate wasteful or unfair arms races or to undermine the very values we rely upon to evaluate it.
Number of Pages in PDF File: 11
Keywords: technology, health, safety, inequality, positional externalitiesAccepted Paper Series
Date posted: July 27, 2007 ; Last revised: July 29, 2012
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