Residential College | false |
Status | 已發表Published |
Rule by Metrics Performance, Quantification, and the Law | |
Infantino, Marta1; Bussani, Mauro1,2 | |
2024-06 | |
Source Publication | European Journal of Comparative Law and Governance |
ISSN | 2213-4506 |
Volume | 11Issue:2Pages:187-237 |
Abstract | We live in societies in which an ever-growing array of activities in a range of fields are assessed, controlled and governed according to quantitative techniques. This paper focuses on processes grounded on quantitative tools (e.g. scores, indicators, rankings, algorithms) that are used in order to measure the performance of processes, people or organizations. Such processes are referred to in this paper as ‘legal metrics’. We explore how different legal systems and sectors rely on legal metrics, and develop a twofold argument. On the one hand, we argue that performance-based quantification often qualifies as a form of regulatory intervention. On the other hand, we contend that performance-based measures are always adopted and applied in legal contexts that react differently to the quantification turn. Both sides of this picture have largely been overlooked by comparative lawyers, even though they imply looking for law in extraordinary places and appraising a variety of legal manifestations in different settings. Understanding which forms of quantitative measures are widespread, in which sectors and regions, made by whom and producing what regulatory effects, is a research task that could (and in our opinion should) be of interest for all comparative law scholars. |
Keyword | Algorithmic Law Comparative Law Global Indicators Law & Economics Legal Metrics New Public Management Nudging Quantification Of Performances Regulation |
DOI | 10.1163/22134514-bja10066 |
URL | View the original |
Indexed By | ESCI |
Language | 英語English |
WOS Research Area | Government & Law |
WOS Subject | Law |
WOS ID | WOS:001251961500001 |
Publisher | BRILL, PLANTIJNSTRAAT 2, P O BOX 9000, 2300 PA LEIDEN, NETHERLANDS |
Scopus ID | 2-s2.0-85183355263 |
Fulltext Access | |
Citation statistics | |
Document Type | Journal article |
Collection | Faculty of Law |
Corresponding Author | Infantino, Marta |
Affiliation | 1.University of Trieste, Trieste, Italy 2.University of Macau, Macao, China |
Recommended Citation GB/T 7714 | Infantino, Marta,Bussani, Mauro. Rule by Metrics Performance, Quantification, and the Law[J]. European Journal of Comparative Law and Governance, 2024, 11(2), 187-237. |
APA | Infantino, Marta., & Bussani, Mauro (2024). Rule by Metrics Performance, Quantification, and the Law. European Journal of Comparative Law and Governance, 11(2), 187-237. |
MLA | Infantino, Marta,et al."Rule by Metrics Performance, Quantification, and the Law".European Journal of Comparative Law and Governance 11.2(2024):187-237. |
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