This is a short review of "Runaway Technology, Can Law keep up? by Joshua A. T. Fairfield and published by Cambridge University Press. I found it interesting, and thought I would share by comments on it.
Joshua A. T. Fairfield clearly has a broad-background of interest and knowledge. He calls on all of it as he analyzes the challenge of keeping the law relevant as technology-driven and dominated world. This can be intimidating for some not used to crossing across disciplines for problem solving. If one is willing to make the effort, the results can be quite satisfying. As I found with this book.
Mr. Fairfield honestly admits to his own biases (which he generally manages to minimize in his commentary/analysis). He does mention the need for other points of view. He should look into Ludwig Von Mises economic theory of praxeology to get a view of economics based on an understanding of humans make their decisions and chose their actions. It's much more interesting than simple selfish interest.
Mr. Fairfield provides an interesting description and critique of the "Law" as a human "superpower", i.e. a social technology that allows them to create and apply "cooperative fictions" that enable an ordered, complex social environment. He believes that the Law has failed to keep abreast of the rapid, continuing pace of technology-driven change that disrupts the process. Partially because of the inertia of the legal community, and its failure to recognize Law as the adaptable, flexible superpower that it is. He proposes the "language" of the Law be redefined to deal with the evolving threats posed by new technologies in the hands of technical oligarchs (my term not his).
His analysis and proposal to "fix" the Law is interestingly creative and insightful. Mr. Fairfield deserves credit for his efforts. The work is definitely worth careful consideration, and potentially pursuing. But...and it is a big BUT
Mr. Fairfield's indictment of high-tech entrepreneur/business oligarchs (again, my term) ignores a far more insidious and blatant defect in the Law today. One that must be dealt with if this "reinvention" is to be effective. That is, today's multi-tier Justice System permeating the entire judicial, legal and enforcement, whereby procedure, enforcement, and punishment vary according to wealth, social class, political affiliation, fame, and race. Certainly, such corruption is neither new nor unique. However, the breadth and degree of publicly admitted corruption and discrimination threatens the "cooperative communication" necessary for our complex society.
By all means read this book. It covers a fair range of topics and the author clearly has a lot to say and eventually manages to pull his thoughts together. As you approach the end, do keep in mind that without a shared ethic based on recognition of shared communal dependency, mutual respect and honest integrity, any attempt at productive dialogue is doomed to failure.
