Complexity Theory and Law最新文献

Asylum and complexity 庇护与复杂

Complexity Theory and Law Pub Date : 2018-07-17 DOI: 10.4324/9781315158976-4

T. Webb

引用次数: 1

Nonlinearity, autonomy and resistant law 非线性、自治和抵抗律

Complexity Theory and Law Pub Date : 2018-07-17 DOI: 10.4324/9781315158976-11

Lucy Finchett-Maddock

引用次数: 1

Regulating the practise of practice 规范实践的实践

Complexity Theory and Law Pub Date : 2018-07-17 DOI: 10.4324/9781315158976-13

Julian Webb

引用次数: 0

Regulating for ecological resilience 调节生态弹性

Complexity Theory and Law Pub Date : 2018-07-17 DOI: 10.4324/9781315158976-10

Jamie Murray

引用次数: 0

Complexity 复杂性

Complexity Theory and Law Pub Date : 2018-07-17 DOI: 10.4324/9781315158976-3

Neville Harris

{"title":"Complexity","authors":"Neville Harris","doi":"10.4324/9781315158976-3","DOIUrl":"https://doi.org/10.4324/9781315158976-3","url":null,"abstract":"The problems surrounding complexity as a pervasive feature of the systems and laws through which citizens are governed are well known. Complex laws and processes are likely to be difficult for many people to understand, creating problems for both compliance and enforcement of rights. There are also potential difficulties for administrative authorities, since they may struggle to meet a legitimating goal of applying rules accurately. Rule complexity may weaken the law?s legitimacy. Complexity also tends to generate economic burdens. The perception of complexity as problematic has prompted a number of national and international simplification initiatives. They aim to counter complexity either by managing it better (for example, through IT systems) or reducing it. Some, like the EU?s Better Regulation initiative, favour changes to the legislative frameworks through codification or the removal of duplication, inconsistencies and obsolete provisions. Others look to structural features of law-based systems, making changes designed to streamline the governing legal and administrative frameworks, as in the UK?s present welfare reforms, to make systems easier and less costly to operate. In my presentation I consider how far the measurement of complexity is possible and question whether, if it is not, the realisation of simplification can be empirically assessed. Also, according to complexity theory, an important feature of complex systems is the unpredictability of some of the interactions within them, so I will question how far it is possible to guarantee the realisation of the intended outcome of simplification reforms. A further issue is whether complexity is always undesirable; from a legal perspective, there is a question as to whether simpler laws may enhance or weaken individual rights. Where public law and regulation are concerned, should we, at a political level, pay more attention to the potential dangers of simplification as a means to removing or limiting entitlements or freedoms of the individual?","PeriodicalId":408392,"journal":{"name":"Complexity Theory and Law","volume":"28 S103","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113953787","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Complex regulatory space and banking 复杂的监管空间和银行业

Complexity Theory and Law Pub Date : 2018-07-17 DOI: 10.4324/9781315158976-9

M. Leach

{"title":"Complex regulatory space and banking","authors":"M. Leach","doi":"10.4324/9781315158976-9","DOIUrl":"https://doi.org/10.4324/9781315158976-9","url":null,"abstract":"The central purpose of this chapter is to consider how complexity might usefully be applied to the study of regulation and regulatory systems. As with any field, one must be cautious when cross-applying a new and unfamiliar perspective and its associated methodologies to something like regulation. One of the central claims made here is that in order for this to be a meaningful exercise, complexity needs to piggyback onto existing concepts from regulation scholarship in order to distinguish and make sense of important patterns of relationships within a regulatory environment. It proposes that the concept of the ‘regulatory space’ can be a useful handmaiden for this purpose and offers a new conceptual framework of the ‘complex regulatory space’ as the outcome of their union. It explores what a complex regulatory space would look like and uses banking as an example to demonstrate how it can highlight the relationships, dynamics and tensions that give shape to patterns of banking actor behaviours and their relationship to systemic phenomena. It also locates the place of law in regulation, one that is necessarily ‘decentred’ as a contextual feature of actor behaviour rather than a core structural feature of regulation itself. Overall, the tone of this chapter is meant to be both exploratory and circumspect. Applying complexity to something like regulation is far from straightforward, but what it might sacrifice in simplicity it can exchange for greater nuance and new insights into regulation as a complex social phenomenon.","PeriodicalId":408392,"journal":{"name":"Complexity Theory and Law","volume":"723 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116130820","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Complexity and the normativity of law 1 法律的复杂性与规范性

Complexity Theory and Law Pub Date : 2018-07-17 DOI: 10.4324/9781315158976-12

M. Woermann

引用次数: 0

Governing complexity 管理复杂性

Complexity Theory and Law Pub Date : 2018-07-17 DOI: 10.4324/9781315158976-8

Mark Chinen

引用次数: 15

Prospects for prosecuting non-state armed groups under international criminal law 根据国际刑法起诉非国家武装团体的前景

Complexity Theory and Law Pub Date : 2018-07-17 DOI: 10.4324/9781315158976-7

A. Brennan