Complexity Theory , Adaptation , and Administrative Law Donald
نویسندگان
چکیده
Recently, commentators have applied insights from complexity theory to legal analysis generally and to administrative law in particular. This Article focuses on one of the central problems that complexity theory addresses, the importance and mechanisms of adaptation within complex systems. In Part I, the Article uses three features of complex adaptive systems—emergence from self-assembly, nonlinearity, and sensitivity to initial conditions—and explores the extent to which they may add value as a matter of positive analysis to the understanding of change within legal systems. In Part II, the Article focuses on three normative claims in public law scholarship that depend explicitly or implicitly on notions of adaptation: that states offer advantages over the federal government because experimentation can make them more adaptive, that federal agencies should themselves become more experimentalist using the tool of adaptive management, and that administrative agencies should adopt collaborative mechanisms in policymaking. Using two analytic tools found in the complexity literature, the genetic algorithm and evolutionary game theory, the Article tests the extent to which these three normative claims are borne out.
منابع مشابه
The Role of Judicial Procedure Courts in the Development of Iranian Administrative Law
Today, in leading administrative law systems, the judicial process along with the law is the most important source of legal rules, and the law alone can not feed the legal system. Although in the administrative law system of Iran, the use of judicial procedure has often been considered as a source and interpretation of the law and not as the main source, but the role of administrative courts, ...
متن کاملAdministrative and Legal Act: Classical Theory and Practical Problems
The article is devoted to one of the most interesting theoretical and practical problems of Russian science of administrative law – administrative acts. It appears that many difficulties encountered in the domestic law enforcement and judicial practice are associated with poor elaboration of the theory of acts in the science of administrative law in Russia, and, accordingly, insufficient legal ...
متن کاملPathology of Administrative Law in Nursing Practices
Introduction Nurses' behaviors and behaviors and decisions in the field of their activities, like other government employees, are emerging in the functioning of the state. These acts and behaviors are governed by the principles that are known as the principles governing administration. These principles, which include must and do not, are the behavior and services of the nurses Under the rule o...
متن کاملSystemic Review of Scientific Studies on Administrative Corruption in Iran
Although corruption is not a new phenomenon and is as old as human social history, but the body of knowledge and research on corruption is produced and developed in the past three decades. Corruption as an interdisciplinary field is studied in economics, law, management, political science, social science and psychology. This paper attempts to do a systemic review in order to understanding the s...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
عنوان ژورنال:
دوره شماره
صفحات -
تاریخ انتشار 2005