The Changing Horizons of Law and Regulation: From an Industrial to a Post-Industrial, Digital Society

Abstract

This chapter sketches two parallel, albeit sociologically interrelated, historical transformations. First, it briefly describes the move from industrialisation, when economies were nationally-based and dependent on manufacturing, to post-industrialisation, in which economies are shaped by the production and consumption of services and information. Second, it depicts the move from “welfare capitalism,” which sought social integration through public policies administered by the state, to “market capitalism,” whereby market forces are given free rein to shape society. As national markets expand and become part of global marketplaces, they also become increasingly volatile and risk-prone, thereby impacting on how society is regulated and organised. This chapter will argue that these two transformations give rise to new forms of law and regulation which require a new understanding of law in society. Although we have moved from a form of society dominated by industrial relations and manufacturing to a post-industrial information society shaped by digital networks and immaterial labour, a large part of socio-legal research remains geared toward a concept of society and social action that was developed during the heyday of industrialisation. The aim of this chapter is to highlight the necessity of developing a concept of law and an understanding of regulation which meet the challenges of the digital age.