Beyond evidence: Anticipatory regimes in law

Stokes, Elen

doi:10.1111/lapo.12159

Cited by 10 publications

(7 citation statements)

References 70 publications

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“…The cosmetics bill gazed beyond dangers known in the present and toward harms anticipated to materialize imminently. In contrast to older ways of regulating, how the bill mobilized injury forecast the arrival, in post-war decades, of the risk regulation that so often typifies health law and environmental law in the twenty-first century ( Stokes, 2021 ).…”

Section: Formulating Cosmetics: Registration Prohibition and Regimes ...mentioning

confidence: 99%

Registering Cosmetics? The Constitution of Legal Form and Injurious Substance in Canada (1945–1946)

Tessaro

2023

Social & Legal Studies

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In midcentury Canada, legislative drafters, government lawyers, food and drug officials, and ministers grappled with cosmetics. Faced with constitutional concerns about cosmetic licensing, these actors drafted legislative amendments that would instead require cosmetics to be registered. In contrast to people or land, the registration of products, substances, or things has received little attention in sociolegal scholarship. Building on work investigating law's temporalities and materiality, this account traces how in-formed by the constitutional doctrine that apprehended substances through the legal form of prohibition, cosmetics were rendered in draft legislation as constituted of ingredients that may cause injury. Injury, in this account, is a material-temporal regime. Yet cosmetic injury was neither static nor singular, as it was catalysed differently by distinctive regulatory devices. This is shown by last-minute changes to the bill which retooled cosmetic registration, from an information extraction device for anticipating future harms, into a recording device for capturing latent harms.

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Section: Formulating Cosmetics: Registration Prohibition and Regimes ...mentioning

confidence: 99%

Registering Cosmetics? The Constitution of Legal Form and Injurious Substance in Canada (1945–1946)

Tessaro

2023

Social & Legal Studies

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“…Ultimately, the law is and continues to be 'an important but neglected site of anticipation'. 173 Only by wholeheartedly embracing this anticipatory function can scholarship uncover weaknesses and holes in the international legal fabric, shift perspectives, and regenerate the discourse over the role of law in confronting our precarious existence.…”

Section: mentioning

confidence: 99%

‘For You Will (Still) Be Here Tomorrow’: The Many Lives of Intergenerational Equity

Bertram

2022

TEL

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This article traces the various legal incarnations of the intergenerational equity principle. Despite its silent proliferation in international and constitutional laws over the past five decades, the principle dwelled mostly at the margins of inquiry and practice. Recent efforts to counteract global warming have allowed intergenerational claims to gain new traction. Building on a comparison of ten climate-related lawsuits, I analyze the latest advances in the representation, conceptualization, and remediation of future generations’ interests. Against the backdrop of growing willingness to engage with intergenerational disputes, legal decision makers will need to confront two thorny challenges going forward. Firstly, evolving doctrines of extraterritoriality and legal subjecthood increasingly require the protective scope of the principle to extend to foreign citizens and non-human persons. Secondly, awareness of dispersed and interlocked long-term risks may trigger the application of intergenerational doctrines beyond a narrow environmental frame. Grappling with these challenges implicates larger reflections about the role of law in contriving our collective future.

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“…Sandboxes are thus not truly as novel as they are sometimes depicted, as these instruments draw heavily on the traditions of experimentalist and flexible regulation. Further, particularly given their use for testing new approaches for managing emerging technologies, sandboxes also fit closely within anticipatory styles of governance that aim to be robust in the face of uncertainty and prepare for or adapt to various outcomes (Armstrong & Rae, 2017; Stilgoe et al, 2013; Stokes, 2021). These instruments have elements in common with other techniques gaining increasing attention, including sunset clauses and experimental rules (Ranchordas, 2015, 2021) or rule waivers (Coglianese et al, 2021).…”

Section: A Framework For Regulatory Sandboxesmentioning

confidence: 99%

Caught in quicksand? Compliance and legitimacy challenges in using regulatory sandboxes to manage emerging technologies

Johnson

2022

Regulation & Governance

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Regulatory sandboxes have become the latest development in regulatory reform, starting first in financial regulation and now expanding to other sectors. While sandboxes offer notable potential benefits for managing emerging technologies, achieving desirable policy outcomes with this novel regulatory instrument also comes with technical and political challenges. This article offers a framework to characterize regulatory sandboxes in any sector, involving a blend of (1) approval regulation with broad-based standards, (2) restricted discretion by the regulator for specific norms, (3) process-oriented regulation, (4) an outcomes-orientation, and ( 5) structured regulator-regulatee information sharing or dialogue. Using this model, the article outlines issues in compliance and legitimacy, including in trust and accountability, responsive enforcement, the politics of participation, and post-sandbox oversight. The article concludes by calling for greater scrutiny when considering implementing a sandbox instrument, with attention to sector-specific concerns, and offering directions for empirical evaluation of regulatory sandboxes.

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Beyond evidence: Anticipatory regimes in law

Cited by 10 publications

References 70 publications

Registering Cosmetics? The Constitution of Legal Form and Injurious Substance in Canada (1945–1946)

Registering Cosmetics? The Constitution of Legal Form and Injurious Substance in Canada (1945–1946)

‘For You Will (Still) Be Here Tomorrow’: The Many Lives of Intergenerational Equity

Caught in quicksand? Compliance and legitimacy challenges in using regulatory sandboxes to manage emerging technologies

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