In this innovative book, Juan Diaz-Granados and Benedict Sheehy offer a meticulous examination of the legal foundations, structures and challenges, as well as potential solutions for the legal and regulatory issues posed by the rise of platform-based businesses. With examples drawn from the Sharing Economy, such as Uber and Airbnb, Diaz-Granados and Sheehy demonstrate how law facilitates and constrains the operation of these companies as they deliver convenient goods and services. They offer fresh insights into how and why these platforms disrupt existing legal norms, economic markets and social practices.
The authors' analysis provides an innovative law-based model, the Platform Operator-User-Provider model ("PUP"), which forms a foundation for their evaluation. Using this model, they are able to identify and differentiate a variety of PUPs not previously understood, but which differentiation makes their analysis and regulation significantly clearer. They explore potential legal categorizations of the PUP's actors and their relationships and propose a novel regulatory approach consistent with the PUP's triangular structure. This novel approach balances private interests with the public good by addressing power imbalances in the Sharing Economy. It supports platform operators' private interests while implementing publicly oriented regulations that favor consumers and workers in ways that see all of law's obligations fulfilled while delivering both the economic boon and the social promise of technology.
An essential read for advanced law students, academics, legal professionals, policymakers and judges, this book offers critical insights and useful analytical frameworks to understand the Sharing Economy's platform technology businesses from a legal perspective.
Rezensionen / Stimmen
'The sharing economy is difficult to define and even harder to regulate. This book provides a novel framework for both by creating a useful model for defining platform-based businesses and a nuanced roadmap for legal reforms that balance regulation with innovation.' -- Agnieszka McPeak, Gonzaga University, USA 'A rigorous exploration of the platform economy's global impact, this book provides a sharp analytical framework to modernize our laws for today's digital business models. Law, the Sharing Economy, and Platform Technology Businesses is an insightful read for legal scholars, policymakers and judges tackling the challenges of our fast-evolving landscape.' -- Orly Lobel, University of San Diego, USA
Reihe
Sprache
Verlagsort
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Maße
Höhe: 234 mm
Breite: 156 mm
ISBN-13
978-1-0353-1496-6 (9781035314966)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Juan Diaz-Granados, Senior Lecturer, Thomas More Law School, Australian Catholic University and Benedict Sheehy, Professor of Law, Canberra Law School, University of Canberra, Australia
Contents
Preface
1 Introduction to Law, the Sharing Economy, and Platform Technology Businesses
2 Theoretical Framework: Hohfeld, Honore and Jural Relations of Ownership
3 Conceptual and Analytical Foundations: Sharing Economy and Triangular PUP Models
4 Categorizing Actors in the PUP Model
5 Categorizing Relationships in the PUP Model
6 Rethinking the Most Disruptive and Critical PUP
7 A Round Hole for a Triangular Peg: Private Law and Public
8 A Triangular Hole for a Triangular Peg: Reforming Law and Regulation
9 Conclusion to Law, the Sharing Economy, and Platform Technology Businesses
