Beyond evidence: Anticipatory regimes in law

This article lays the groundwork for a new approach to understanding how law engages with the future, based on the social science theory and practice of anticipation. Anticipation, as depicted by an extensive interdisciplinary literature, encourages a shift in attention from the future as a matter s...

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Bibliographic Details
Published in:Law & policy 2021-01, Vol.43 (1), p.73-91
Main Author: Stokes, Elen
Format: Article
Language:English
Subjects:
Expectations
Interdisciplinary aspects
Law
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Summary:This article lays the groundwork for a new approach to understanding how law engages with the future, based on the social science theory and practice of anticipation. Anticipation, as depicted by an extensive interdisciplinary literature, encourages a shift in attention from the future as a matter solely of probability and effect, to the future as a wider array of possibilities operating on the present. Notably absent from this literature is law. This article offers a framework for analyzing how law mobilizes future possibilities to serve present regulatory purposes, focusing in particular on the role of legal horizons, forms and affect.
ISSN:0265-8240
1467-9930
DOI:10.1111/lapo.12159