Disrupting Technology Disrupting Law

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Author(s)
Tranter, Kieran
Griffith University Author(s)
Year published
2017
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This Commentary disrupts technology disrupting law. It suggests that “disruption” is increasingly becoming a framework when lawyers write about technology. It is argued that this disruption frame is problematic. It is problematic because it reveals a surprising presentism lacking both a sense of the past and a coherent vision of the future. Further, this presentism produces an essential contradiction. There is a vision of hyper-change; a tsunami of disruption needing law; nevertheless the forms of modern law seemingly endure. This opens to what is fundamentally worrying about the disruption frame. In its affirmation of modern ...
View more >This Commentary disrupts technology disrupting law. It suggests that “disruption” is increasingly becoming a framework when lawyers write about technology. It is argued that this disruption frame is problematic. It is problematic because it reveals a surprising presentism lacking both a sense of the past and a coherent vision of the future. Further, this presentism produces an essential contradiction. There is a vision of hyper-change; a tsunami of disruption needing law; nevertheless the forms of modern law seemingly endure. This opens to what is fundamentally worrying about the disruption frame. In its affirmation of modern law as able to manage disruption, the disruption frame obscures the significant transformation of law occurring in the digital. Technology is disrupting law in much more significant ways than is being considered by the disruption frame.
View less >
View more >This Commentary disrupts technology disrupting law. It suggests that “disruption” is increasingly becoming a framework when lawyers write about technology. It is argued that this disruption frame is problematic. It is problematic because it reveals a surprising presentism lacking both a sense of the past and a coherent vision of the future. Further, this presentism produces an essential contradiction. There is a vision of hyper-change; a tsunami of disruption needing law; nevertheless the forms of modern law seemingly endure. This opens to what is fundamentally worrying about the disruption frame. In its affirmation of modern law as able to manage disruption, the disruption frame obscures the significant transformation of law occurring in the digital. Technology is disrupting law in much more significant ways than is being considered by the disruption frame.
View less >
Journal Title
Law, Culture and the Humanities
Copyright Statement
© 2017 Association for the Study of Law, Culture and the Humanities. This is the author-manuscript version of this paper. Reproduced in accordance with the copyright policy of the publisher. The final, definitive version of this paper has been published in Disrupting Technology Disrupting Law, April 2017 by SAGE Publications Ltd, All rights reserved.
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This publication has been entered into Griffith Research Online as an Advanced Online Version.
Subject
Law in context