The impact of technological change on law

This Thesis explores the relationship between technological change and legal rules. It identifies the types of difficulties encountered as technology changes and explores means that might be employed to minimise those difficulties. As technology changes, there are four types of legal dilemmas that might arise: (1) there may be a need for laws to ban, restrict or, alternatively, encourage a new technology; (2) there may be uncertainty in the application of existing legal miles to new practices; (3) existing rules may be over-inclusive or under-inclusive when applied to new practices; and (4) existing rules may become obsolete. The Thesis suggests several ways in which such difficulties can be reduced. Because legislation is limited by the words used, legislative rules are the most susceptible to problems as technology advances. Accordingly, alternatives to legislation ought to be preferred in some circumstances. In addition, because new entities, activities and relationships might fall outside existing legal categories, careful attention should be given as to how standard legal categories are defined. Through the example of "property," the Thesis argues that a broad approach may be necessary to avoid uncertainty and regulatory gaps. Finally, the Thesis explores ways in which the design and drafting of legislation, the approach of judges, and the suggestions of law reform organizations can combine to reduce the negative impact of technological change on law.