Social and Symbolic Effects of Legislation Under the Rule of Law (original) (raw)

The regulatory crisis and thè communicative turn Communication as a problem for legislation and regulation Communication as a problem for democracy and thè rule of law From instrumentalism to interactionism Reflexive legislative strategy Symbolic and communicative legislation Models of communication in connection with legislative strategies 32 Soft law and symbolic effeets The dialogue continues VI Contents The debate between thè communicative approach and thè social working approach 38 References 42 3 Rules against domestic violence in thè light of thè social working and communicative approaches to legai rules Nicolle Zeegers (University of Groningen) and Katinka Lunnemann (Verwey-Jonker Instituut, Utrecht) 45 6 An effective-historical view on thè symbolic working of law Bari van Klink (Tilburg University) 113 Some preceding remarks: Tt is not about right or wrong. It is about power.' 113 The correspondence theory and its enemies 123 The symbolic working of law 128 The symbolic working of law revised Gadamer's notion of effective-history Effective-history and thè symbolic working of law Conceptual consequences The correspondence theory criticized Practical implications References 7 Do laws have symbolic effects? John Griffiths (University of Groningen) The position of thè legislator Legislation in social working theory Legislation and thè case of euthanasia The Dutch Consumer Credit Act 1992 Preparations in thè coordination committee Interest ceiling for mail-order credit Credit regulations for commerciai banks Discussion Legislation as process Conclusion: The shop floor of legislation References 9 Communicative legislation: Can we trust certified management systems as tools for thè interpretation and enforcement of environmental laws? Rob vari Gestel and Guido Evers (Tilburg University)