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Good Regulation Reflects Words in Action Cover

Good Regulation Reflects Words in Action

By: Mirko Pečarič  
Open Access
|Oct 2021

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.

DOI: https://doi.org/10.2478/danb-2021-0011 | Journal eISSN: 1804-8285 | Journal ISSN: 1804-6746
Language: English
Page range: 159 - 182
Published on: Oct 16, 2021
In partnership with: Paradigm Publishing Services
Publication frequency: 4 issues per year

© 2021 Mirko Pečarič, published by European Research University
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.