Sui Generis Rules

Abstract

Technological change is often accompanied by legal problems – calls for regulation, legal uncertainty in the face of new situations, poor fit between existing legal frameworks and the new technology, and obsolescent law. In the face of these problems, there is often pressure for “special” or sui generis rules to deal with new situations brought about by the new technology. On the other side, “technology neutral” legislation is widely perceived as desirable. This chapter discussed the benefits and disadvantages of creating sui generis rules as a method for adapting the law to new technologies.