Abstract
The capacity of the United Kingdom (UK) to prosecute technology-enabled financial and
economic crime (FEC) is increasingly shaped by the Collingridge dilemma. Even though
the dilemma was broadly conceptualized in technology governance, its application to
prosecutorial and enforcement practice, evidentiary standards, and criminal liability attribution represents uncharted scholarly territory. Through socio-legal mixed methods
combining doctrinal analysis, case studies, and comparative analysis, the paper shows
how the dilemma’s two horns or pillars (i.e., early epistemic uncertainty and late institutional inertia) manifest in criminal law and regulatory contexts. The paper finds that
just like the European Union and United States, the UK criminal enforcement ecosystem
exhibits both horns across cryptocurrency, algorithmic trading, artificial intelligence (AI),
and fintech domains. By integrating supplementary theories such as responsive regulation,
precautionary principles and technological momentum, the study advances a socio-legal
framework that explains enforcement inertia and doctrinal gaps in liability attribution for
emerging technologies. The paper demonstrates how epistemic uncertainty and institutional entrenchment shape enforcement outcomes and proposes adaptive strategies for
anticipatory governance including technology-literate capacity building, anticipatory legal
reform, and data-driven public-private coordination. These recommendations balance
ex-ante legal clarity (reducing uncertainty) with ex-post enforcement agility (overcoming
entrenchment) to provide a normative framework for navigating the Collingridge dilemma
in FEC prosecution.
| Original language | English |
|---|---|
| Number of pages | 43 |
| Journal | Laws |
| Volume | 15 |
| Issue number | 1 |
| Early online date | 15 Jan 2026 |
| DOIs | |
| Publication status | E-pub ahead of print - 15 Jan 2026 |
Bibliographical note
Open access CC-BYFunding
No funding
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
-
SDG 8 Decent Work and Economic Growth
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SDG 9 Industry, Innovation, and Infrastructure
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SDG 11 Sustainable Cities and Communities
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SDG 16 Peace, Justice and Strong Institutions
Keywords
- Collingridge dilemma
- anticipatory regulation
- AI liability
- financial and economic crime prosecution
- UK Law
ASJC Scopus subject areas
- Social Sciences(all)
- Computer Science(all)
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