'The machine runs itself': law is technology and Australian embryo and human cloning law
Article
Goding, Vincent and Tranter, Kieran. 2021. "'The machine runs itself': law is technology and Australian embryo and human cloning law." Griffith Law Review. 30 (2), pp. 240-269. https://doi.org/10.1080/10383441.2021.1901356
| Article Title | 'The machine runs itself': law is technology and Australian embryo and human cloning law |
|---|---|
| ERA Journal ID | 33364 |
| Article Category | Article |
| Authors | Goding, Vincent and Tranter, Kieran |
| Journal Title | Griffith Law Review |
| Journal Citation | 30 (2), pp. 240-269 |
| Number of Pages | 30 |
| Year | 2021 |
| Publisher | Taylor & Francis |
| ISSN | 1038-3441 |
| Digital Object Identifier (DOI) | https://doi.org/10.1080/10383441.2021.1901356 |
| Web Address (URL) | https://www.tandfonline.com/doi/full/10.1080/10383441.2021.1901356 |
| Abstract | Technology law scholarship has a tendency towards the dramatic. Technology causes disruption. Law must catch-up; it must ensure potential benefits from technology and avoid potential harms. There are even concerns that law, as an organiser of human life, is itself becoming eclipsed by forms of technological management. What is often not focused on is the practical process through which concerns about technology become transmuted into legal forms within specific jurisdictions. This paper examines the 23 years of Australian law concerning embryos and human cloning. Inspired by Carl Schmitt's criticism of modernity's political institutions and the laws they produce, what is identified is a machine that runs itself. It is shown to be a highly automated process whereby technical experts manage competing values. Rather than law regulating technology or technology regulating law; the Australian study suggests that law and its making, is technological. |
| Keywords | Australian embryo and human cloning law; Law and technology; lawmaking; Carl Schmitt; experts; neutralisation |
| Contains Sensitive Content | Does not contain sensitive content |
| ANZSRC Field of Research 2020 | 480405. Law and society and socio-legal research |
| 480504. Legal institutions (incl. courts and justice systems) | |
| 480408. Law, science and technology | |
| 480410. Legal theory, jurisprudence and legal interpretation | |
| Public Notes | The accessible file is the accepted version of the paper. Please refer to the URL for the published version. |
| Byline Affiliations | University of the Sunshine Coast |
| Griffith University | |
| Queensland University of Technology |
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