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7 - Reimagining Regulation

from Part II - Regulation

Published online by Cambridge University Press:  09 April 2021

David Grant
Affiliation:
University of Melbourne
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Summary

Any new account of privacy, especially one with the unusual combination of elements as is presented here, will require a conducive institutional environment. The environment proposed here is based on a new notion of regulation, in the broad sense of social control rather than the narrower sense of subsidiary legislation and despite the successes claimed for that latter form. In this broad sense, present regulation derives from the spread of power from sovereign institutions as means by which that sovereign power is transformed but still empowered and which can be seen in such shapes as biopower and the algorithmic determinism of human behaviour. The presently dominant form of regulation, responsive regulation, is best seen as mythological, especially through the manner in which it is informed by the republicanism of Pettit. In response, the new sense of regulation as social control focuses on the reimagining of institutions and the promotion of the existential interests of the individual to centre-stage. This is the reverse of current priorities.

Type
Chapter
Information
Privacy in the Age of Neuroscience
Reimagining Law, State and Market
, pp. 199 - 215
Publisher: Cambridge University Press
Print publication year: 2021

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  • Reimagining Regulation
  • David Grant, University of Melbourne
  • Book: Privacy in the Age of Neuroscience
  • Online publication: 09 April 2021
  • Chapter DOI: https://doi.org/10.1017/9781108883931.009
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  • Reimagining Regulation
  • David Grant, University of Melbourne
  • Book: Privacy in the Age of Neuroscience
  • Online publication: 09 April 2021
  • Chapter DOI: https://doi.org/10.1017/9781108883931.009
Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

  • Reimagining Regulation
  • David Grant, University of Melbourne
  • Book: Privacy in the Age of Neuroscience
  • Online publication: 09 April 2021
  • Chapter DOI: https://doi.org/10.1017/9781108883931.009
Available formats
×