<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>Given the impossibility of binary “yes” and “no” classical general legal rules to anticipate and address the future path of law, this paper imitates the adaptive human nature and frames future legal actions on it. Given this human trait, this paper presents some predispositions for substance and actions that are based on the systemic/cybernetic approach. The latter prioritises values, goals and their weights, with controllable thresholds that, based on feedback loops between events, facts, and intentions, activate different preestablished (legal) scenarios. The paper develops new responses to changed conditions (responsiveness, adaptability, agility and robustness); the first are needed in the law due to inevitability of dynamic changes to present some adaptive regulatory techniques, which could be implemented in practical systems. The paper concludes that such techniques can be used in the law used as sunset clauses, legal experiments, emergent strategies, negative scenarios, adaptable norms, Henry VII clauses, public opinion within collective intelligence and legal experiments. They all can address changed conditions in the environment.</p>
</abstract>

Given the impossibility of binary “yes” and “no” classical general legal rules to anticipate and address the future path of law, this paper imitates the adaptive human nature and frames future legal actions on it. Given this human trait, this paper presents some predispositions for substance and actions that are based on the systemic/cybernetic approach. The latter prioritises values, goals and their weights, with controllable thresholds that, based on feedback loops between events, facts, and intentions, activate different preestablished (legal) scenarios. The paper develops new responses to changed conditions (responsiveness, adaptability, agility and robustness); the first are needed in the law due to inevitability of dynamic changes to present some adaptive regulatory techniques, which could be implemented in practical systems. The paper concludes that such techniques can be used in the law used as sunset clauses, legal experiments, emergent strategies, negative scenarios, adaptable norms, Henry VII clauses, public opinion within collective intelligence and legal experiments. They all can address changed conditions in the environment.

Good Regulation Reflects Words in Action

DANUBE

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"Good Regulation Reflects Words in Action"}

Given the impossibility of binary “yes” and “no” classical general legal rules to anticipate and address the future path of law, this paper imitates the...

Good Regulation Reflects Words in Action

Online veröffentlicht: 16. Okt. 2021

Seitenbereich: 159 - 182

DOI: https://doi.org/10.2478/danb-2021-0011

Schlüsselwörter
Responsiveness, Adaptability, Agility, Robustness, Adaptive Regulation, Emergent Strategies, Negative Scenarios

© 2021 Mirko Pečarič, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Good Regulation Reflects Words in Action

Online veröffentlicht: 16. Okt. 2021

Seitenbereich: 159 - 182

DOI: https://doi.org/10.2478/danb-2021-0011

SchlüsselwörterResponsiveness, Adaptability, Agility, Robustness, Adaptive Regulation, Emergent Strategies, Negative Scenarios

© 2021 Mirko Pečarič, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Schlüsselwörter
Responsiveness, Adaptability, Agility, Robustness, Adaptive Regulation, Emergent Strategies, Negative Scenarios