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04.08.2017 15:17 Age: 1 year
Category: Law News

Public Lecture: Governance, Risk Regulation and the Basket of Legal Goods


GOVERNANCE, RISK REGULATION, AND THE BASKET OF LEGAL GOODS

UGO PAGALLO (UNIVERSITY OF TURIN, ITALY) View profile

Date: Monday 7th August 2017

Time: 12 noon

Venue: Moot Court

An increasing number of issues, such as national security, global finance, cyberspace, or environmental risks, are today systemic, that is, they concern the whole infrastructure and functioning of our current societies. Unsurprisingly, constitutional powers of national governments have been joinedóand even replacedóby the network of competences and institutions summarized by the idea of governance. From a legal point of view, the main emphasis has been so far on the role and content of the primary rules of the system. This stance makes perfect sense: it places the focus on the norms that should govern social and individual behaviour on the basis of the menace of physical or monetary sanctions.

Still, I argue here that it is time to widen our perspective to include not only the hard laws of governance, and of risk regulation, but also to consider the role played by the secondary rules of the law. Such rules include methods of experimental federalism, techniques of procedural regularity, and forms of legal experimentation through, for example, the creation of special zones for robotics empirical testing. Whilst some of these rules can interact and reinforce each other, they also represent a mechanism of legal flexibility that allows us to address the interaction between regulatory systems wisely. The secondary rules of change can indeed be helpful, in order to understand what kind of primary rules we may wish.

Staff, students, and members of the public are invited to a free public lecture.


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