Whitelisting and the Rule of Law: Legal Technologies and Governance in Contemporary Commercial Security

TY - CHAP

T1 - Whitelisting and the Rule of Law

T2 - Legal Technologies and Governance in Contemporary Commercial Security

AU - Leander, Anna

PY - 2016

Y1 - 2016

N2 - Leander’s chapter argues that whitelists in commercial security are establishing and consolidating a rule of law marked by managerialism. It closely describes the significance of the mundane, seemingly innocuous whitelists. Whitelists have proliferated as part of governance through Codes of Conduct, Best Practices, Benchmarks and Standards. The chapter shows that these lists stake out regulatory space, establish regulatory relations and prioritize potential (they do work). In the process, they contribute to a regulatory topology where evidence is devalued, conventional legal expertise and criticism devalued (they leave a topological imprint). Together, these momentous shifts skew the rule of law towards managerialism and enshrine the managerialism already there. They mark a shift in the quality of the rule of law but do not necessarily weaken it.

AB - Leander’s chapter argues that whitelists in commercial security are establishing and consolidating a rule of law marked by managerialism. It closely describes the significance of the mundane, seemingly innocuous whitelists. Whitelists have proliferated as part of governance through Codes of Conduct, Best Practices, Benchmarks and Standards. The chapter shows that these lists stake out regulatory space, establish regulatory relations and prioritize potential (they do work). In the process, they contribute to a regulatory topology where evidence is devalued, conventional legal expertise and criticism devalued (they leave a topological imprint). Together, these momentous shifts skew the rule of law towards managerialism and enshrine the managerialism already there. They mark a shift in the quality of the rule of law but do not necessarily weaken it.

U2 - 10.1057/978-1-349-95053-9

DO - 10.1057/978-1-349-95053-9

M3 - Book chapter

SN - 9781349950522

SP - 205

EP - 236

BT - The Rule of Law in Global Governance

A2 - Heupel, Monika

A2 - Reinold, Theresa

PB - Palgrave Macmillan

CY - London

ER -