Indicators and Governance by Information in the Law of the Future
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Description
Indicators are becoming ubiquitous in public and private governance. What are the implications of this for the law of the future? While in formal terms it may often be correct that indicators are hortatory and purport to be factual whereas law is binding and expressly normative, the similarities and relations between law and indicators are in reality much greater than a formal differentiation suggests. These similarities and relations will become increasingly important as the overlaps between law and governance become greater. This phenomenon is most marked for law and governance beyond the state, but its significance within states for national and sub-national law is also growing. This paper argues that the law of the future will have to engage much more deeply than heretofore, at the levels of fundamental theory and quotidian practice, with the increasing role of indicators and other quantitative measures, while defining and maintaining a core role for law and legal principles in the whole enterprise of governance by information.
Source Publication
The Law of the Future and the Future of Law
Source Editors/Authors
Sam Muller, Stavros Zouridis, Morly Frishman, Laura Kistemaker
Publication Date
2011
Recommended Citation
Kingsbury, Benedict, "Indicators and Governance by Information in the Law of the Future" (2011). Faculty Chapters. 981.
https://gretchen.law.nyu.edu/fac-chapt/981
