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Nanotechnology and the products of inherited regulation

Stokes, Elen 2012. Nanotechnology and the products of inherited regulation. Journal of Law and Society 39 (1) , pp. 93-112. 10.1111/j.1467-6478.2012.00572.x

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New technologies do not always elicit new regulatory responses. More often than not, policymakers deal with new technologies by deferring to existing regulatory regimes. This article argues that there are often overlooked consequences of grafting a new technological area, displaying different types of risks and uncertainties, onto an existing regulatory framework. Not only can it entail the application of ill‐suited rules and standards, but it can also involve the reproduction of deeply ingrained traditions and assumptions which, under the weight of history, makes scrutiny extremely difficult. As is shown here, nanotechnology‐enhanced products inherit a raft of consumer protection rules as well as a regulatory predisposition to internal market facilitation. So entrenched is the focus on market opening that making ad hoc changes to existing regulations to incorporate the broader concerns around nano‐products cannot escape the reach of a very powerful market context.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
Publisher: Wiley-Blackwell
ISSN: 1467-6478
Last Modified: 23 Oct 2017 12:39

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