A MIDDLE-RANGE THEORY OF LEGISLATION IN A GLOBALIZING WORLD
Although legislation is the source of most of modern law, it has not been the subject of deeper reflection from the legal world. In specific, attention has usually been focused on the macro- level in the legislative processes, ie. to discuss philosophical or political grounds and criteria for the "good" legislation, or the "necessity (or not)" of regulating a particular area through legislation. Alternatively, considerations have revolved around the micro-level in the legislative process, ie. the structure, wording and impact of different laws on a particular legal system and/or on society.
Given this situation, the basic focus of the project will be the construction and analysis of the link between political instances (in a very broad sense, ie statements on "how it should be") and legal measures (ie statements on "how it ought to be"). In this between-space legislative policies are formulated, ie. legislative strategies to find the “best way” to implement a particular ideology in the form of legislative measures.
The project is based on several pre-studies and case studies that have led to a number of articles on legislation being produced and published over the past 5 years. Based on these preliminary case studies, the project will primarily result in a monograph that describes a theoretical general framework for structuring and evaluating the legislative processes and their results.
Given this situation, the basic focus of the project will be the construction and analysis of the link between political instances (in a very broad sense, ie statements on "how it should be") and legal measures (ie statements on "how it ought to be"). In this between-space legislative policies are formulated, ie. legislative strategies to find the “best way” to implement a particular ideology in the form of legislative measures.
The project is based on several pre-studies and case studies that have led to a number of articles on legislation being produced and published over the past 5 years. Based on these preliminary case studies, the project will primarily result in a monograph that describes a theoretical general framework for structuring and evaluating the legislative processes and their results.
Final report
STATEMENT OF USE OF RESEARCH FUNDS
As the main applicant, I received research funds from the Riksbanken Jubileumsfonden, RJ Sabbatical, in 2021. Research funds intended, in the main part, to cover costs for 1 year reduction (to the extent of 25% of my position) and for costs related to a research stay of 6 months as Visiting Professor at the Sir William Dale Center for Legislative Studies, at the Institute of Advanced Legal Studies, University of London, U.K. The purpose of this project has been to finish my monograph, namely A Middle-range Theory of Legislation in a Globalizing World.
Thanks to this funding, I was able to fulfill all these points in the allotted time. I was in 2022 at the Sir William Dale Center for Legislative Studies. There I was able to both find fundamental sources for the upcoming monograph, present parts of this to a very qualified audience and make scientific contacts for future possible collaborations within the subject of legislation.
In addition, the monograph is now almost ready for publication; there is only 1–3 months of "marginal" work missing (e.g. double-checking source apparatus, updating certain parts, etc.), i.e. work that I can carry out within my "normal" research time for employment as a professor. The monograph, which now goes by the title of A Middle-range Theory of Legislation -Setting the Framework, will be published in open access format. Right now I am negotiating with 3 different publishers (all international, UK based and top-ranked, at least in jurisprudence). Thanks to a rather extensive (and time-consuming) discussion, I managed to negotiate that, in all 3 cases, there will be no extra costs for open-access publishing (in addition to the usual paper format). This then means that total project costs were reduced by SEK 120,000 (see attached financial report).
I have also, during this year, been able to publish 2 chapters in two anthologies (both peer-reviewed). One was published by Routledge and the other by Hart Publishing; there I tested certain central ideas/theses which I then developed in a more comprehensive form in a monograph. In both cases, these contributions are available in open-access format. This is:
- Zamboni Mauro. "Law-making to face the migration crisis: developing legislative policy (analyzing the Swedish case)." Can Human Rights and National Sovereignty Coexist?. Oath. Tetsu Sakurai and Mauro Zamboni. London: Routledge, 2023. 97-132.
- Zamboni, Mauro. "Corporate Governance, Soft Law, and Corporate Social Responsibility: Some Legal Theoretical Contributions." Combining the Legal and the Social in Sociology of Law: An Homage to Reza Banakar. Oath. Håkan Hydén, Roger Cotterrell, David Nelken and Ulrike Schultz. Oxford: Hart Publishing, 2023. 127–144.
As the main applicant, I received research funds from the Riksbanken Jubileumsfonden, RJ Sabbatical, in 2021. Research funds intended, in the main part, to cover costs for 1 year reduction (to the extent of 25% of my position) and for costs related to a research stay of 6 months as Visiting Professor at the Sir William Dale Center for Legislative Studies, at the Institute of Advanced Legal Studies, University of London, U.K. The purpose of this project has been to finish my monograph, namely A Middle-range Theory of Legislation in a Globalizing World.
Thanks to this funding, I was able to fulfill all these points in the allotted time. I was in 2022 at the Sir William Dale Center for Legislative Studies. There I was able to both find fundamental sources for the upcoming monograph, present parts of this to a very qualified audience and make scientific contacts for future possible collaborations within the subject of legislation.
In addition, the monograph is now almost ready for publication; there is only 1–3 months of "marginal" work missing (e.g. double-checking source apparatus, updating certain parts, etc.), i.e. work that I can carry out within my "normal" research time for employment as a professor. The monograph, which now goes by the title of A Middle-range Theory of Legislation -Setting the Framework, will be published in open access format. Right now I am negotiating with 3 different publishers (all international, UK based and top-ranked, at least in jurisprudence). Thanks to a rather extensive (and time-consuming) discussion, I managed to negotiate that, in all 3 cases, there will be no extra costs for open-access publishing (in addition to the usual paper format). This then means that total project costs were reduced by SEK 120,000 (see attached financial report).
I have also, during this year, been able to publish 2 chapters in two anthologies (both peer-reviewed). One was published by Routledge and the other by Hart Publishing; there I tested certain central ideas/theses which I then developed in a more comprehensive form in a monograph. In both cases, these contributions are available in open-access format. This is:
- Zamboni Mauro. "Law-making to face the migration crisis: developing legislative policy (analyzing the Swedish case)." Can Human Rights and National Sovereignty Coexist?. Oath. Tetsu Sakurai and Mauro Zamboni. London: Routledge, 2023. 97-132.
- Zamboni, Mauro. "Corporate Governance, Soft Law, and Corporate Social Responsibility: Some Legal Theoretical Contributions." Combining the Legal and the Social in Sociology of Law: An Homage to Reza Banakar. Oath. Håkan Hydén, Roger Cotterrell, David Nelken and Ulrike Schultz. Oxford: Hart Publishing, 2023. 127–144.