How Technology Disrupts Private Law: An Exploratory Study of California and Switzerland as Innovative Jurisdictions
Catalina Goanta, How Technology Disrupts Private Law: An Exploratory Study of California and Switzerland as Innovative Jurisdictions, Stanford-Vienna TTLF Working Paper No. 38/2018
59 Pages Posted: 20 Oct 2018
Date Written: September 27, 2018
Disruptive technologies displace established industries by creating innovative products that lead to completely new markets. Developments such as e-commerce or social media have had a profound impact on society. Law generally reacts to such developments only if there are circumstances (e.g. case law) showing how existing legal categories might not adequately accommodate these technological developments. While legal scholarship has contributed to the debates surrounding law and technology, most research found at this confluence deals with isolated questions. Consequently, there is a gap in the literature when it comes to the impact that technological disruptions have on private law as a whole. This research aims to fill this gap and to contribute to the current debate with a broader perspective regarding the role that regulation should play in accommodating disruptions. In doing so, it pursues the following question from a law, technology, and regulatory theory perspective: How do innovative jurisdictions deal with the private law regulation of Internet disruptions, and what taxonomy of regulatory responses can be drawn from this?
Keywords: private law, technology, disruption, models of regulation, public policy, e-commerce, influencer marketing, blockchain
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