Exploring the relationship between law and governance: a proposal

IF 1.5 Q1 LAW

Theory and Practice of Legislation Pub Date : 2023-05-04 DOI:10.1080/20508840.2023.2215657

Aurelia Colombi Ciacchi, D. von der Pfordten

引用次数: 1

Abstract

ABSTRACT The present article assumes that it is possible to explore the relationship between governance and law in general, and try to conceptualise it as accurately as possible. This article intends to set the foundations for this exploration. At the same time, it explains why it would be useful to concentrate on four specific relationships between governance and law: (1) governance as law, (2) governance in the law, (3) governance through law, and (4) governance against the law. The article discusses the concepts of ‘governance’ and ‘law’ first separately (sections 2 and 3) and then in their mutual relationship (sections 4 and 5). The possible different relationships between governance and law are briefly outlined on an abstract level (section 4) and subsequently exemplified with reference to concrete phenomena of societal decision- and policy-making (section 5). The last section (6) draws a brief conclusion.

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探讨法律与治理的关系:一个建议

摘要本文假设可以从总体上探讨治理与法律之间的关系，并尽可能准确地将其概念化。本文旨在为这一探索奠定基础。同时，它解释了为什么集中讨论治理与法律之间的四种具体关系是有益的：（1）治理为法律，（2）依法治理，（3）依法治理和（4）依法治理。本文首先分别讨论了“治理”和“法律”的概念（第2节和第3节），然后讨论了它们之间的相互关系（第4节和第5节）。在抽象层面上简要概述了治理和法律之间可能存在的不同关系（第4节），随后参照社会决策和政策制定的具体现象举例说明（第5节）。最后一节（6）得出一个简短的结论。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Theory and Practice of Legislation LAW-

CiteScore

4.50

自引率

10.00%

发文量

期刊介绍： The Theory and Practice of Legislation aims to offer an international and interdisciplinary forum for the examination of legislation. The focus of the journal, which succeeds the former title Legisprudence, remains with legislation in its broadest sense. Legislation is seen as both process and product, reflection of theoretical assumptions and a skill. The journal addresses formal legislation, and its alternatives (such as covenants, regulation by non-state actors etc.). The editors welcome articles on systematic (as opposed to historical) issues, including drafting techniques, the introduction of open standards, evidence-based drafting, pre- and post-legislative scrutiny for effectiveness and efficiency, the utility and necessity of codification, IT in legislation, the legitimacy of legislation in view of fundamental principles and rights, law and language, and the link between legislator and judge. Comparative and interdisciplinary approaches are encouraged. But dogmatic descriptions of positive law are outside the scope of the journal. The journal offers a combination of themed issues and general issues. All articles are submitted to double blind review.

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