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Rule by Metrics Performance, Quantification, and the Law
Infantino, Marta1; Bussani, Mauro1,2
2024-06
Source PublicationEuropean Journal of Comparative Law and Governance
ISSN2213-4506
Volume11Issue: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.

KeywordAlgorithmic Law Comparative Law Global Indicators Law & Economics Legal Metrics New Public Management Nudging Quantification Of Performances Regulation
DOI10.1163/22134514-bja10066
URLView the original
Indexed ByESCI
Language英語English
WOS Research AreaGovernment & Law
WOS SubjectLaw
WOS IDWOS:001251961500001
PublisherBRILL, PLANTIJNSTRAAT 2, P O BOX 9000, 2300 PA LEIDEN, NETHERLANDS
Scopus ID2-s2.0-85183355263
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Citation statistics
Document TypeJournal article
CollectionFaculty of Law
Corresponding AuthorInfantino, Marta
Affiliation1.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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