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The paper claims that ‘mixity’ is an inherent quality of almost any legal systems, and not only of those that, for historical reasons, inherited legal features from the civil and common law traditions. From this ‘pluralistic’ point of view, all the experiences where Western legal models interact among themselves, or with religious, indigenous or customary laws, deserve to be included into the ‘mixed’ category. Such an approach reveals itself as a powerful cognitive tool to advance comparative knowledge about legal systems. In particular, it enables one to better understand: (a) the dynamism of any given legal system – be it national, sub-, or supra-national –; (b) the driving forces behind the penetration of ‘foreign’ elements in a given legal experience; and (c) the reasons for which there are variable degrees of resistance and/or resilience amidst the different layers a legal system is made of.
Abstract
The chapter outlines the scope and the aims of the volume. It first explains what ‘quantification of performance’ means and which forms it may take. It then surveys the existing literature on the topic and elucidates the value added of a comparative study of performance assessments
in different jurisdictions and areas of the world. Finally, the chapter explains the structure of the volume and identifies its main research themes.
Abstract
The concluding chapter summarizes from a comparative law perspective the findings emerging from the research. As the contributions collected in the volume show, the turn to quantification and performance-based tools is global, but the way in which quantitative techniques permeate the law is uneven across different sectors and countries.
In some domains performance-based tools are pervasive and deeply rooted in the legal system, while in others the deployment of quantification of performances is still experimental. Performance assessments also differ as to the methods used, which range from manual data collection to real-time scoring softwares, and as to the relationship existing between the actors involved – and in particular between those who measure and those who are measured. Other variances concern the effects produced by performance-based mechanisms, the degree of acceptance and resistance vis-à-vis their spread, and the awareness of their potential as regulatory tools.
In light of this burgeoning variety, the chapter grounds the need for more researches on comparative legal metrics. It is important to understand more about which forms of quantitative measures are widespread, in which sectors and regions, made by whom and producing what regulatory effects. It is equally important to understand more about the legal rules that may apply to these measures, and the ways in which regulatory measurements may be controlled.
Quantification of Performances as Regulatory Technique
The trend of measuring performances is global and pervasive. We all live in quantified societies, in which performances in an ever-growing array of fields–from education to health, work to credit, justice to consumption–are assessed and governed through quantitative techniques. While the disruption brought by the quantitative turn has been widely studied by social scientists, legal research on the issue is minimal. This book aims to fill the gap. The essays herein collected explore how performance measurements interact with the law in different regions and sectors, which legal effects they produce, and for whose benefit.
Quantification of Performances as Regulatory Technique
The trend of measuring performances is global and pervasive. We all live in quantified societies, in which performances in an ever-growing array of fields–from education to health, work to credit, justice to consumption–are assessed and governed through quantitative techniques. While the disruption brought by the quantitative turn has been widely studied by social scientists, legal research on the issue is minimal. This book aims to fill the gap. The essays herein collected explore how performance measurements interact with the law in different regions and sectors, which legal effects they produce, and for whose benefit.
The dynamic processes of ordering we are witnessing around the world blend the extra-national with the national, the public with the private, the political and economic with the social and cultural. Issues of effectiveness, procedural and substantial justice, costs, incentives, voice, and inequality in these processes are growing in importance. This series aims to grasp these phenomena channeling them into the legal debate.
The series publishes books, authored or edited, covering various aspects of private, public, criminal, transnational and global law. The broad ambition of the series underlines the editors' belief that in the legal world there is a growing need to expand our knowledge of legal orders (national or supranational, official and unofficial), of their historical roots and of their practical dimensions.
The series publishes books, authored or edited, covering various aspects of private, public, criminal, transnational and global law. The broad ambition of the series underlines the editors' belief that in the legal world there is a growing need to expand our knowledge of legal orders (national or supranational, official and unofficial), of their historical roots and of their practical dimensions.