Technological advances and the challenges to legal adaptation
Prof. Alexander LOKE
School of Law
City University of Hong Kong
As technological advances pave the way for new ways of interacting and new business models, the natural question is whether the law is up to the task of keeping pace with the many changes to the way we live and interact with one another. I examine instances of successful adaptations and less successful adaptations to tease out the underlying values in the general law that account for these; this provides acuity to our appreciating where the limits of adaptation lie, and where more pro-active measures will need to be taken in order for the legal system to keep up with social expectations.
Alexander Loke JSD, LLM (Columbia), LLB (Hons)(NUS) is Professor at the City University of Hong Kong School of Law, and Director of the Hong Kong Commercial & Maritime Law Centre. Loke was the founding chief editor of the Asian Journal of Comparative Law and was also one of the founders of the NUS Centre for Banking & Finance Law launched in 2014. Loke publishes widely in contract law, corporate and securities law, and international finance. He was a co-editor in vol. 1 (Remedies for Breach of Contract) and vol. 2 (Formation and Third Party Beneficiaries) in the series Studies in the Contract Laws of Asia (Oxford University Press). Representative publications include: “Mistakes in algorithmic trading of cryptocurrencies” Modern Law Review (forthcoming), “The Surprising Liberality of Securities Crowdfunding Regulation in Hong Kong: Insights from a Comparative Analysis”  SJLS 242. “Excusable Consent in Duress” (2017) 37 Legal Studies 418, “Rethinking the transplantation of TSC Industries v Northway in Singapore” (2013) 28 Aus J Corp Law 253, and "From the Fiduciary Theory to Information Abuse: The Changing Fabric of Insider Trading Law in the U.K., Australia and Singapore" 54 Am J Comp L 123 (2006).
[ Back ]