The Legitimation of Non-State Regulation in Interconnected Normative Orders

Normative orders exist in the plural, with non-state forms of norm setting and implementation complementing state-based regulation at the domestic as well as the international levels. This interplay of state and non-state regulation assumes various forms. Governmental and intergovernmental regulators still define, initiate and permit or suppress forms of non-state regulation. On the other hand, there exist traditional grounds for legitimation that face pressure from state regulators.

Patterns of legitimation and forms of regulation

Looking at public and private efforts to legitimize (or delegitimize) regulation (and its plurality), the project looked at which normative standards constitute the dominant reference points for legitimacy. It also examined the extent to which differences in legitimation patterns can be observed. Differences can be found in terms of time on the one hand, but also between public and private forms of norm setting and enforcement on the other.

The project was carried out in close cooperation with the Max Planck Institute for European Legal History, which investigates similar issues through legal-historical perspectives.