Christine Parker and John Braithwaite

in The Oxford Handbook of Legal Studies

Published in print June 2005 | ISBN: 9780199248179
Published online September 2012 | | DOI:

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This article first lays out a short history of regulation conceived in this broad way. It then considers whether ours is a society that regulates more because it has become a ‘risk society’. Next it uses Gunther Teubner's model of the ‘regulatory trilemma’ and a consideration of the key regulatory mechanisms to review the literature on the finer grain of how regulation works. Finally it returns to the pluralization of regulation as a crucial dynamic in creating spaces where ‘democratic experimentalism’ is emerging as a possibility.

Keywords: risk society; regulatory trilemma; pluralisation; regulation; democratic experimentalism

Article.  12080 words. 

Subjects: Law ; Legal System and Practice

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