Abstract
The technology governance debate often focuses on the dichotomy of hard law versus soft law as competing models. Both hard law and soft law have their strengths and weaknesses. But framing soft law versus hard law as a dichotomous choice is often unrealistic—every technology will be governed by a mix of hard law and soft law. So, the more realistic questions are where hard law works best and where soft law succeeds, and how these two types of governance interact and integrate. After reviewing the strengths and weaknesses of hard law and soft law, this Article identifies six different hybrid models integrating hard law and soft law. The article then considers hybrid hard law/soft law models in the context of autonomous vehicles (AVs) as a case study. After reviewing the challenges and stunted progress of AV regulation, the analysis focuses on two recent rulemakings in which the first Trump and then Biden administrations proposed frameworks for AV regulation in the waning days of their respective administrations. Analysis of the comments submitted by the broad range of AV stakeholders shows a sharply divided community, with about half of the stakeholders adamantly supporting a hard law approach, and another half equally favoring a soft law approach. However, there was substantial support for hybrid hard law/soft law models, with all six models identified earlier in the article and two new models receiving support. Based on this analysis, the Article suggests that a hybrid hard law/soft law approach is the most promising direction for AV governance.
Recommended Citation
Gary Marchant, Chase Martins & Vrinda Gupta,
The Hard Law-Soft Law Nexus: Autonomous Vehicles as a Case Study,
2026
J. L. & MOB.
53
Available at:
https://repository.law.umich.edu/jlm/vol2026/iss1/3