Diffusion of Legal Innovations

Engel, Christoph; Weinshall, Keren

doi:10.1146/annurev-lawsocsci-050420-012835

Annu. Rev. Law. Soc. Sci.

2022

DOI: 10.1146/annurev-lawsocsci-050420-012835

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Diffusion of Legal Innovations

Christoph Engel

Keren Weinshall

Abstract: The law is permanently under construction. Most legal change is intentional. A legislator, a court, or one of the law's subjects hopes to better achieve a purpose by switching from one rule, one interpretation, or one remedy to the next. Yet empirically, legal innovation tends to be a process that takes time. At the macro level, the diffusion path is often S shaped: It does not start immediately and levels off after a while. This article links legal innovation to diffusion research and discusses micro processe… Show more

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Cited by 2 publications

References 48 publications

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Emergency Regulatory Procedures, Pharmaceutical Regulatory Politics, and the Political Economy of Vaccine Regulation in the COVID-19 Pandemic

Nachlis

Thomson²

2023

Journal of Health Politics, Policy and Law

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Context: Regulatory approaches to COVID-19 vaccine authorizations varied substantially across countries. Facing a common public health threat, what accounts for regulatory variation? This study focuses on emergency pharmaceutical and vaccine regulatory procedures, and whether and how regulators' emergency pharmaceutical regulatory procedures going into the pandemic shaped regulatory processes and decisions during the pandemic. Methods: An analysis of seven high-impact national and international pharmaceutical regulators, with case studies from Brazil, China, India, Russia, the United Kingdom, the United States, and the European Medicines Agency, and evidence from primary source executive and legislative branch regulations and statutes, national and international scientific and general press reporting, and secondary analysis of scholars, practitioners, and international organizations. Findings: Inherited emergency pharmaceutical and vaccine regulatory procedures substantially shaped COVID-19 vaccine regulation during the pandemic. Variation in the presence and content of emergency regulatory procedures affected the quality of pandemic regulatory processes, outcomes, and procedural updates, and differentially empowered policymaking experts and elected politicians. Conclusions: Emergency regulatory procedures affect key features of regulatory political economy and public health practices during crises. To improve future public health crisis responses, the authors provide sets of policy recommendations for 1) Establishing clear emergency pharmaceutical regulatory procedures, and 2) International collaboration.

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Emergency Regulatory Procedures, Pharmaceutical Regulatory Politics, and the Political Economy of Vaccine Regulation in the COVID-19 Pandemic

Nachlis

Thomson²

2023

Journal of Health Politics, Policy and Law

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Public Management Discretion and Public Management Decision to Engineering, Testing and Application of Legal Innovations

Degtyarev

2024

Вестник Университета имени О.Е. Кутафина (МГЮА)

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The article is devoted to the topic of the significance and complexity of the managerial decision on the engineering, testing and application of legal innovations. In the author’s opinion, many problems of legal and legal-digital innovation are reduced to the ambiguity of their functional-target load and very high difficulty of confirming that they are really needed, to the extreme difficulty of predicting their implementation. And it is this that complicates the adoption of an appropriate managerial decision. Managerial decision on legal innovations, due to the crystallization of the substrate of managerial discretion in it, always entails a high responsibility for its adoption. The author points out that there are no unified generally recognized ways of operating activities in the field of legal innovation and management of the corresponding innovation process. But there are some general management principles and requirements that are quite transferable to this sphere. The author substantiates that with all the significant differences between the private market legal sector and the public administration sector, in making a decision on the development, testing and implementation of legal and securing legal and digital innovations, both managers — the head of a public authority and the head of a commercial firm — are placed in similar conditions. The author in his article articulates the problem of time resource, objectively required for what is presented as a “legal innovation” to really become a legal innovation and a good legal innovation. According to the author, legal innovation is not a quick process, and it is not a one-time phenomenon, but a responsible discretion in making the appropriate managerial decision — it is always objectively time-consuming. The author raises the question that any innovation, and legal innovation in particular, has its own life cycle, at the end of which it outlives itself, exhausts its potential for innovation. Although there are legal innovations that have transformed into legal axiomatics and traditional legal everyday tools. But in any case, we talk about legal innovations without disconnecting from time, from its flow, from the notches on its scale. The author declares the article as posing a scientific problem, but at the same time the author offers a conceptual answer to some of such questions.

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Diffusion of Legal Innovations

Cited by 2 publications

References 48 publications

Emergency Regulatory Procedures, Pharmaceutical Regulatory Politics, and the Political Economy of Vaccine Regulation in the COVID-19 Pandemic

Emergency Regulatory Procedures, Pharmaceutical Regulatory Politics, and the Political Economy of Vaccine Regulation in the COVID-19 Pandemic

Public Management Discretion and Public Management Decision to Engineering, Testing and Application of Legal Innovations

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