- 著者
-
松尾 陽
- 出版者
- 日本法哲学会
- 雑誌
- 法哲学年報 (ISSN:03872890)
- 巻号頁・発行日
- vol.2007, pp.241-250, 2008 (Released:2021-03-31)
In recent years, the state which heavily depends on the governmental regulations has been criticized and demands for “deregulation” are increasing. One of the central questions is “What is regulation?” In order to answer this question in ‘Post-Regulatory State’ debate we make clear how regulation by architecture (which was suggested by Lawrence Lessig) functions and show its significance.
We analyze “New Chicago School” approach, into which the concept of architecture was introduced by Lessig, in order to understand necessity for thinking about regulation by architec ture in jurisprudence and recognize its importance for carrying out legal regulation effectively. This approach augues that there are multiple regulators (law, market, social norm, and architecture) , that each regulator interacts, and that law can efficiently control human behavior through its regulating other regulators (“indirect regulation”, for example, gatekeepers regulation). Because of these features, regulation by architecture is not only necessary but also important for thinking about legal regulation.
Here we define the architecture as “controllable physical environment”. Regulation by architecture functions in the way that its constraint cannot be ignored, that it regulate the regulated whether he recognizes the architecture as a regulation or not, and that we don’t need any agent to enforce it. Unlike legal regulation, regulation by architecture functions without monitoring and enforcement because of these features. Because of this nature of regulatory functions in architecture, regulation by architecture can be very efficient, but reduce opportunities to rethink of validity of regulation at the stage of monitoring and enforcement.