Regulatory Rationales in the Face of Emerging Technologies: A Systematic Review

ABSTRACT

Technology is evolving, and so is the discussion of regulation theory among academics. Taking a unique approach to legal research, this paper utilizes the systematic literature review methodology to uncover quantitative evidence on the current consensus among academics on regulation theory, in particular, regulatory rationales. This paper seeks to determine whether the narrative assumptions that social solidarity‐based regulatory rationales have become more prevalent as technology has evolved are correct. Based on the data gathered, this article asserts that the discussion of regulatory rationales is facing a tonal shift as a result of artificial intelligence. Academics are shifting away from a traditional economic view of regulation toward discussion of regulatory rationales based on protecting the common good. This should be welcome. Social solidarity should serve as a foundational principle of good technology regulation. Through applying the principles of social solidarity, regulators can better balance the risks and benefits of modern technology.