Abstract
It has become fashionable to assert that national black letter laws are losing their importance to other regulatory arrangements. Unlike after the Peace of Westphalia (1648), so the fashionable argument goes, there is now a plurality of non-state legal orders that effectively determine legal obligations between citizens. Sovereign countries are but one of several key players. National jurisdictions, especially in the ever more online and digitized environments, are not the single defining perspective. Professor Brownsword’s new book Rethinking Law, Regulation, and Technology (Routledge 2022) also challenges the Westphalian view of legal systems. The author highlights the increasing role of non-state regulatory solutions, especially the increasing role of technological management. Such technological management, Professor Brownsword calls this ‘Law 3.0’, is a means of achieving the desired behaviour through technological control of the managed space—a space that is no longer constrained or defined by national state borders. Against this background, Professor Brownsword’s book seeks to ‘rethink’ the role of law, legal institutions, lawyers, legal scholars and law students in what he argues to be a non-Westphalian legal environment.
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