'The History of the Haste-Wagons': *The motor car act (1909) (Vic.), emergent technology and the call for law

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Title 'The History of the Haste-Wagons': *The motor car act (1909) (Vic.), emergent technology and the call for law
Author Tranter, Kieran Mark
Journal Name Melbourne University Law Review
Year Published 2005
Place of publication Melbourne
Publisher Melbourne University Law Review Association
Abstract This article is concerned with the relationship between emergent technology and the legal response to it. The focus is on the making of the Motor Car Act 1909 (Vic). It is shown that notwithstanding popular anxieties regarding the new 'motors', the Act did not reflect those concerns through speed limits and restrictions. Instead, the Act established a regulatory scheme that was largely pro-motoring. This dissociation between the community's concerns and the legislation is explained through emphasising other factors influencing the Act. In particular, it is suggested that the notion of progress through technology (legislating for the future) and the ideal of the regulative state (law as technology) went to the essence of the Act. The article concludes by suggesting that these factors are not just historical and particular to the motor vehicle, but can be identified in other legal responses to technological change
Peer Reviewed Yes
Published Yes
Publisher URI http://www.austlii.edu.au/au/journals/MULR/2005/
Copyright Statement Copyright remains with the author 2010. The attached file is reproduced here in accordance with the copyright policy of the publisher. For information about this journal please refer to the journal's website or contact the author.
Volume 29
Issue Number 3
Page from 843
Page to 879
ISSN 0025-8938
Date Accessioned 2006-02-23
Language en_AU
Faculty Griffith Law School
Subject PRE2009-History and Philosophy of Law and Justice; PRE2009-Law and Society
URI http://hdl.handle.net/10072/4685
Publication Type Journal Articles (Refereed Article)
Publication Type Code c1

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