Automobiles Technology Regulation PDF

Summary

This document discusses the history and principles of technology regulation, focusing on automobiles. It details how laws and regulations surrounding automobiles have evolved, from the early days of the automobile to modern times, and analyzes the practical impacts on society, law, and economics.

Full Transcript

SMU Classification: Restricted Technology Regulation History and Principles Part II: Automobiles SMU Classification: Restricted In this Video… The laws and regulations surrounding how automobiles (to use the historic name) are applied and supplied...

SMU Classification: Restricted Technology Regulation History and Principles Part II: Automobiles SMU Classification: Restricted In this Video… The laws and regulations surrounding how automobiles (to use the historic name) are applied and supplied Laws themselves not the main point, but useful as a case study of the concepts covered in Part 2.1 SMU Classification: Restricted How It’s Done Now May counterclaim against Compensates or Resists Insurer Regulates Compulsory Premiums Contract Duty Regulator Manufacturer Driver Pedestrian Regulates Drives Key Produces Hits Insurance Layer Vehicle Liability Layer Fact Layer Regulates Regulation Layer SMU Classification: Restricted How It Was Done Back Then Duty Contract Manufacturer Driver Pedestrian Liability Drives Produces Hits Vehicle Key Insurance Layer Liability Layer Fact Layer Regulation Layer SMU Classification: Restricted The Automobile Popularised in 1908 by Ford Model T Had been around earlier, since 1700s Not much adoption → not much law Explosion in adoption in early 1900s More cars → more accidents What was law’s response? SMU Classification: Restricted The Law of the Metal Horse Courts: “driver” could apply to automobiles Mainly negligence rules, premised on driver’s control of vehicle Horse carriage cases readily applied, no need for special consideration (why?) But liability proved insufficient given rise in accidents and judgement-proof defendants. Regulation was necessary First-mover was UK in Road Traffic Acts of 1930s, introducing compulsory insurance (and other things) Compensation still premised on proof of negligence As tech developed, more and more regulation (highway codes, etc) How does this reflect what we’ve seen about technology regulation? What is being regulated? How and why? Recall: Collingridge dilemma SMU Classification: Restricted Criminalising Walking; Subsidising Driving Note: Article tailored to US context (strong auto lobby) Social norms, led by corporate interest campaigns Stigma around “jay” walking → essentially a kind of victim-blaming “Jaywalkers are causing most of the incidents!” Traffic collisions branded as “accidents” → no one’s (intentional) fault! Real space architecture evolved roads and “freeways” became the norm “parking” spaces took over cities pedestrians relegated to the “sidewalk” Laws also changed → jaywalking became illegal and widely-enforced, sometimes against disadvantaged groups (disabled, minority races, etc) SMU Classification: Restricted SMU Classification: Restricted Lessons from the Past Lessig’s theory plays out nearly note for note As we move on to more “newly urgent” cases, you should be able spot parallels to the past and say “we’ve handled this before” Notice that this is one key we apply to spot legal issues Law and Technology necessitates some understanding of law and society, law and economics, etc Tussle between different modalities (over which different interest groups hold power), even before code Markets → corporations Law → governments (and corporations?) Norms → communities Question for later Parts: who has power over code? SMU Classification: Restricted In this Video… The laws and regulations surrounding how automobiles (to use the historic name) are applied and supplied Laws themselves not the main point, but useful as a case study of the concepts covered in Part 2.1

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