Nodal Governance

Nodal Governance - Nodal Governance Scott Burris Peter...

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Nodal Governance Scott Burris Peter Drahos Clifford Shearing Temple Law School Working Papers Published Version Available at 30Australian Journal of Legal Philosophy 30 (2005
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2004 NODAL GOVERNANCE 1 Nodal Governance Scott Burris, 1 Peter Drahos, 2 Clifford Shearing 3 Introduction I. Complexity, Networks and Nodal Governance A. Governance, Complexity and Epistemology B. From Networks to Nodes to Nodal Governance II. Nodal Governance in Action A. Nodal Governance and the Strong: The Story of TRIPS B. Some Conclusions about the TRIPS Story C. Nodal Governance and the Weak: Zwelethemba D. Some Conclusions about the Zwelethemba Story III. Uses of a Theory of Nodal Governance A. Nodal Governance as an Approach to Regulating Systems B. Democracy and Nodes Conclusion 1 JD, Yale Law School. James E. Beasley Professor of Law, Temple University Beasley School of Law; Associate Director, Center for Law and the Public’s Health at Georgetown and Johns Hopkins Universities. The conversations that gave rise to this paper were made possible by a visiting fellowship at the Regulatory Institutions Network of the Research School of the Social Sciences at the Australian National University in Canberra. I am grateful to RegNet’s director, John Braithwaite, for the invitation. 2 LLM (Hons), University of Sydney; PhD, Australian National University. Professor in Law, Regulatory Institutions Network, Research School of Social Sciences, Australian National University. 3 Ph.D. (Sociology), University of Toronto. Professor, Research School of the Social Sciences, Australian National University.
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2004 NODAL GOVERNANCE 2 Introduction There is now widespread interest in the concept of governance. Governance, which we define as the management of the course of events in a social system, is proving a useful rubric for thinkers and researchers in a number of fields who are interested in democracy, honest and efficient government, political stability and the rule of law. 1 Governance directs attention to the mechanisms (institutions, social norms, social practices) through which these undoubted social goods may be instantiated in social systems, from the smallest community to the global trade regime. 2 Unfortunately, the complexity of governance in practice has evaded capture in the models that are commonly deployed in legal and regulatory theory. 3 The models of decisionmaking set out in legal documents like constitutions and procedural laws – not to mention those contemplated in philosophical theories of justice – can diverge strikingly from actual 1 See, e.g., Lewis A. Kornhauser, Governance Structures, Legal Systems, and the Concept of Law , 79 Chicago-Kent Law Review 355 (2004); Daniel Kaufmann, Aart Kraay & Massimo Mastruzzi, Governance Matters III: Governance Indicators for 1996-2002 (2003); Wolfgang Hein, Global Health Governance and National Health Policies in Developing Countries: Conflicts and Cooperation at the Interfaces, in Globalization, Global Health Governance and National Health Policies in Developing Countries: An
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Nodal Governance - Nodal Governance Scott Burris Peter...

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