Date: 2007
Type: Working Paper
Reconceiving Law and New Governance
Working Paper, EUI LAW, 2007/10
WALKER, Neil, DE BURCA, Grainne, Reconceiving Law and New Governance, EUI LAW, 2007/10 - https://hdl.handle.net/1814/6788
Retrieved from Cadmus, EUI Research Repository
This essay re-examines the concepts of Law and New Governance with a view to
pursuing three cumulative objectives. First, it emphasizes that both law and new
governance are deeply contested concepts whose meaning and inter-relationship cannot
just be assumed or taken for granted, as is the tendency in some empirical studies of
their interconnection. Second, it suggests that both concepts be situated and understood
within an explicitly normative framework, one that takes account of the different
implicit value assumptions underpinning many existing definitions. Thirdly, from this
starting point it seeks to sketch a new framework of the relationship between Law and
New Governance. This framework notes first, the tendency of Law to give priority to
the meta-value of "social regularity" and of New Governance to give priority to the
meta-value of "social responsiveness"; but it notes also the inevitability of some
balanced recognition of each of these overarching values within all species of normative
order, including both Law and New Governance.
Cadmus permanent link: https://hdl.handle.net/1814/6788
Series/Number: EUI LAW; 2007/10
Publisher: European University Institute