{"title":"‘A new normative architecture’ – risk and resilience as routines of un-governance","authors":"Dimitri Van Den Meerssche, G. Gordon","doi":"10.1080/20414005.2020.1825036","DOIUrl":null,"url":null,"abstract":"ABSTRACT Our contribution describes a reorientation in the intelligibility of governance practices authorised under international law. Observing the World Bank, we narrate new managerial attitudes and organisational routines that exhibit heightened ‘risk appetites’. Risk and complexity are no longer seen as limiting conditions on the institutional project, but as co-constitutive elements and constructive tools, including new sets of heuristics aimed at governing with and through contingency and unknowability. The practices that we observe are characterised by adaptive, iterative and recursive routines, flexibly attuned to immanent possibilities and aims of resilience. We situate these changes in a genealogy of governmentality, focusing on the relation to a ‘surplus of life’, or unruly elements of populations that persistently escape productive incorporation into the closure of institutional programmes. The World Bank’s turn to resilience as a particular rationality of reform signals an institutional attempt to enrol what has escaped prior efforts at determinate institutional intervention.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"11 1","pages":"267 - 299"},"PeriodicalIF":0.0000,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2020.1825036","citationCount":"3","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Transnational Legal Theory","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20414005.2020.1825036","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 3
Abstract
ABSTRACT Our contribution describes a reorientation in the intelligibility of governance practices authorised under international law. Observing the World Bank, we narrate new managerial attitudes and organisational routines that exhibit heightened ‘risk appetites’. Risk and complexity are no longer seen as limiting conditions on the institutional project, but as co-constitutive elements and constructive tools, including new sets of heuristics aimed at governing with and through contingency and unknowability. The practices that we observe are characterised by adaptive, iterative and recursive routines, flexibly attuned to immanent possibilities and aims of resilience. We situate these changes in a genealogy of governmentality, focusing on the relation to a ‘surplus of life’, or unruly elements of populations that persistently escape productive incorporation into the closure of institutional programmes. The World Bank’s turn to resilience as a particular rationality of reform signals an institutional attempt to enrol what has escaped prior efforts at determinate institutional intervention.
期刊介绍：
The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.
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