Technological Revolution, Democratic Recession and Climate Change: The Limits of Law in a Changing World
18 International Journal of Constitutional Law 334, 2020
47 Pages Posted: 30 Sep 2019 Last revised: 14 Aug 2020
Date Written: September 6, 2019
Law is a universal institution that has pretensions of being ubiquitous and complete. However, in a complex, plural, and volatile world, its limits and possibilities are shaken by the speed, depth, and extent of ongoing transformations, its resulting ethical dilemmas, and the difficulties of forming consensus in the political universe. This article provides a reflection on how the law has attempted to deal with some of the main afflictions of our time, facing demands that include the needs to (i) keep the technological revolution on an ethical and humanitarian track, (ii) avoid democracy being perverted by populist and authoritarian adventures, and (iii) prevent solutions to climate change from coming when it is too late. At a time when even the near future has become unpredictable, the law cannot provide a priori solutions to multiplying problems and anxieties. When this happens, we must set clear goals for the future of humanity, basing them on the essential and perennial values that have followed us since antiquity.
Keywords: technological revolution, digital revolution, democratic recession, democratic retrogression, populism, climate change, global warming, limits of law
JEL Classification: Law and Economics
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