The new surveillance: Electronic technologies and the maximum security society

Conclusion Gary Marx' Undercover provides a fine basis for fuller sociological analysis of electronic surveillance in the late twentieth century. He is correct that new technology is implicated in a new surveillance, although the interplay between social and technological factors must constantly be in view. Above all it is computers, or, more properly, computers-plus-telecommunications that facilitate the new surveillance. They do so by allowing for the creation of novel categories of personal data, seen especially at present in computer matching. But they may also be enabling anather new departure, the integration of moments of surveillance once the province of quite distinct social institutions.The threat of a maximum security society emerging within the very liberal democratic contexts that cherish (above all economic) liberties is a reality. But fresh social analysis is called for, as the popularly-used and illuminative panoptic concept suffers from a number of basic flaws, and because we have yet to connect satisfactorily the equally pertinent themes of privacy and freedom. Modern social control seems to utilize several different disciplines, often acting in concert but in complex ways. The fact that some of the most potent arise in situations as apparently innocent as buying a restaurant meal with a credit card should not lull us into thinking that they are any less worrisome than certain undercover police tactics.     

Genetic enhancement technologies and the new society

So long as procreation continues to remain a central driving force in a marital relationship, and the family the very core of progressive society, efforts will be undertaken to expand the period of fecundity and combat infertility. Genetic planning and eugenic programming are more rational and humane alternatives to population regulation than death by famine and war. Genetic enhancement technologies and the scientific research undertaken to advance them should be viewed as not only aiding (or, sometimes resolving) the tragedy of infertility in family planning, but as a tool for enhancing the health of a Nation's citizens by engineering man's genetic weaknesses out of the line of inheritance. Put simply, healthier and genetically sound individuals have a much better opportunity for pursuing and achieving the "good life" and making a significant contribution to society's greater well being.     

Beshada v. Johns-Manville Products Corp.: the function of state of the art evidence in strict products liability

In Beshada v. Johns-Manville Products Corp., the Supreme Court of New Jersey held that a state of the art defense is unavailable in cases brought under a theory of strict liability for failure to warn. The court indicated that asbestos producers may be held liable for their products' harms even if the health hazards of asbestos were unknown and not discoverable when the products were marketed. In a subsequent case, the New Jersey court held that state of the art evidence is relevant to whether a product is defective. This Case Comment examines these different uses of knowledge evidence in the disposition of products liability cases. It contends that manufacturers should not be held liable for unknowable risks. The Comment concludes that the state of the art defense establishes a logical limit on strict liability and promotes efficient resolution of products liability claims.     

Terminology in the New Hungarian Civil Code: Reception of Hungarian Sources and Foreign Models

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - Every legal system needs to update its rules from time to time. Since legal rules are laid down...     

Taking advantage of new technologies: For and against crime

Advancement in the field of Information Communication Technologies (ICTs) changes not only our society but also crime. It opens more opportunities for crime and draws people into committing crime, leading to an unprecedented growth in the crime rate. On the other hand, it has also been applied to criminal justice. Crime fighters use the ICTs to control crime and gain efficiency in their policing efforts to service the community. This has led to more effective police work. As both criminals and police benefit from ICTs, these new technologies create new pitfalls for both criminals and law enforcement. Use of technologies by criminals represents challenges and risks to the crime fighter and vice versa. This triggers a crime race and raises notable social concerns on the adverse use and potential abuse of ICTs. Proactive territorial-based regulations, although called for, do not always provide solutions. The borderless nature of ICTs may not allow for rigid regulations and instead challenges the principle of criminal laws. As such, international laws and regulations combined with reliance on technologies are crucial to counter the crime race.     

The socio-legal acceptance of new technologies: a close look at artificial insemination

Heated debates often surround the introduction of an important new technology into society, as exemplified by current controversies surrounding human cloning and privacy protection on the Internet. Underlying these controversies are disruptions to central socio-legal values caused by these new technologies. Whether new technologies will eventually be accepted by society is often contingent on the reaction of the legal system. This mandates the formulation of a conceptual framework for understanding and structuring the way the law should react in cases surrounding the adoption of new technologies. By using the case study of artificial insemination this Article develops the tools for structuring the legal role in the acceptance process of new technologies. The three-century controversy surrounding the innovation of artificial insemination results from the innovations' disruption of the socio-legal value of the family. Artificial Insemination--although invented in the eighteenth-century--was rarely used until the 1930s, and only legalized in the 1960s. Its application to surrogacy and its use by unmarried women extends the controversy into the twenty-first century. The case study demonstrates the nature of the relationship among the technological, social and legal acceptance processes of new technologies, and analyzes the legal acceptance debate. The conceptual framework produced is useful in understanding and structuring the legal role in current debates surrounding the introduction and acceptance of new technologies.