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Emerging Technologies And Legal Challenges




Aarushi Aggarwal, LLM, School of Law, IILM University, Greater Noida, Uttar Pradesh


ABSTRACT


The speedy development of technologies like AI, blockchain, and IoT is revolutionizing the present-day industries, social hierarchy, and legal paradigms to an unprecedented extent. The technologies disrupt the conventional legal paradigms mostly in the fields of data privacy, intellectual property rights, and liability distribution. Conventional legal paradigms are generally incapable of addressing the pace and complexity of technological change, leading to piecemeal and lagging regulative answers. Because of this, there is a pressing necessity for adaptive legal models that leverage predictive approaches, which will empower lawmakers to foresee and anticipate legal consequences. Legal informatics, computational law, and scenario modelling can assist in predicting possible risks and underpinning more adaptive, future-oriented laws. Case studies involving AI in legal document review, blockchain in secure digital transactions, and smart contracts in the automation of legal obligations underscore the necessity of adaptive and interactive systems of regulation.


Rather than relying on after-the-fact legislative fixes, the more effective solution is to integrate legal and ethical considerations in the design for new technology development—a notion that has come to be described as "law by design." This proactive approach ensures advocacy of legal concepts at an early stage in technology development to guarantee that innovation comes about in keeping with societal norms and legal requirements from the outset. The article treats various theories of regulation, soft law and hard law alike, as saddling the costs of reactive governance. It argues for a transition towards collaborative, multi-disciplinary regulation by lawyers, engineers, and ethicists. Such coordination can render regimes of regulation not only facilitate innovation but also protect the public interest. Lastly, through the combination of predictive modelling with a design-led legal approach, policymakers can build more resilient and dynamic legal systems that can match the ever-accelerating rate of technological development.


Keywords: Emerging Technologies; Predictive Modelling; Adaptive Legal Frameworks; Blockchain; Artificial Intelligence.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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