Das Umweltrecht der Wissensgesellschaft

Ladeur, Karl–Heinz

doi:10.3790/978-3-428-48251-1

Cited by 33 publications

(16 citation statements)

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“…For a recent discussion of the elements of IR in relation to local communities and social legitimation, see Ladeur. (40)…”

Section: Accident Lottery Resulting From Effort Level X With Probabilmentioning

confidence: 99%

Informational Regulation of Environmental Risks

Orts

1998

Risk Analysis

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This paper examines the law and economics of informational regulation (IR) of environmental risks. Informational regulation here means regulation which provides to affected stakeholders information on the operations of regulated entities, usually with the expectation that such stakeholders will then exert pressure on these entities to comply with regulations in a manner which serves the interests of stakeholders. As such, IR reinforces and augments direct regulatory monitoring and enforcement through third‐party monitoring and incentives. The paper provides two contrasting frameworks, from law and economics, to analyze the costs and benefits likely to arise from IR and concludes with a discussion of the appropriate scope of IR as a substitute for and complement of traditional environmental regulation and law.

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“…For a recent discussion of the elements of IR in relation to local communities and social legitimation, see Ladeur. (40)…”

Section: Accident Lottery Resulting From Effort Level X With Probabilmentioning

confidence: 99%

Informational Regulation of Environmental Risks

Orts

1998

Risk Analysis

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“…Here as well, the attribution of loss to a perpetrator is dependent on "rules of reason" based on "canonized examples". 50 These examples…”

Section: Rules Based On Practical Knowledgementioning

confidence: 99%

The Autonomy of Law and the Formation of Network Standards

Vesting¹

2004

Ger. law j.

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In the recent discussion on Internet law and regulation it has often been argued that technical standards have a significant impact on the variety and diversity of the Net's communication flows. This Article extends this argument, focusing on the ability to constrain Net communication through “code” and “architecture” imposed by network technology, i.e., by a source of rule-formation and rule-making beyond the traditional law of nation-states. Although I am generally sympathetic to the position that a novel “Lex Informatica” poses new legal and political challenges for nation-states, it should, however, be clear from the outset that the attention for “code” and “architecture” is something different to a paraphrase of the ever-expanding role of technology in modern society. This has to be emphasized because the discourse of “the technological”, which was already a prominent subject in the anti-modernist debate during the Weimar Republic, still casts a shadow on the contemporary legal discussion about the role of technical standards on the Internet. Lawrence Lessig, for example, confronted with a strict anti-governmentalism of cyber-libertarians in the mid-nineties, argues inCode and other Laws of Cyberspacethat the Internet is regulated by “code”, i.e. “the software and hardware that make Cyberspace what it is”. “Code” itself is embedded in an environment of economic power and corresponding political interests. In a nutshellLessigpaints a picture in which the Internet is developing towards an intolerable density of control by powerful coalitions of technical experts and economic enterprises. This view may be convincing in some respects, but with his accent on “code”, Lessig comes very close to the anti-modernist reaction to the growing significance of film and radio in the early 20th century, inasmuch as both strands are based on the misconception of a technological superstructure steering the (media) world and its further evolution.

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“…For the reasons, cf., 3.2 below, as well as the indications inJoerges (2001), Joerges/Falke (2000: 363 ff); for comparable difficulties in German administrative law with the concept of regulation, cf.,Ruffert (1999).19 One can find all this thoroughly discussed inLadeur (1995).…”

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confidence: 98%

The Law in the Process of Constitutionalizing Europe

Joerges

2002

SSRN Journal

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Section 3. The reference there to the notion of governance as a concept covering analytically extra-legal, quasi-institutional arrangements is so far only descriptive. The prescriptive dimension, to which the term "constiutionalisation" points, will have to be elaborated much further. The perspective this paper already pursues will, however, remain the same: "Constitutionalisation" comprises an understanding, which I try to follow (Habermas, e.g. 1998, 58 ff., 113ff.; 2001a; 2001b), both individual liberties and the rights of citizens to political participation. This is why the impact of Europeanisation and globalisation on the configuration of the economic system, the institutionalization of the welfare state and labour market are of "constitutional" importance. They affect profoundly the balance of private autonomy and political rights. I have little hope that the so-called "Convention Method" will provide us with more than partial response to these challenges which Europe faces in the process of its constitutionalisation. Nor should the Charter of Fundamental Rights be expected to resolve these issues.-All this is to say: this essay requires further elaboration. Critical comments continue to be welcome

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Das Umweltrecht der Wissensgesellschaft

Cited by 33 publications

References 0 publications

Informational Regulation of Environmental Risks

Informational Regulation of Environmental Risks

The Autonomy of Law and the Formation of Network Standards

The Law in the Process of Constitutionalizing Europe

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