Tendential Autonomy and Conflict Containment in Nonstate Governance Mechanisms

Abstract

Environmental certification programs have emerged and matured in many resource industries. Program autonomy is a central strategic problem in assessing program effectiveness and legitimacy. The article treats the problem of autonomy by drawing on Teubner's heuristic, strategic reconceptualization of Luhmann's conception of autopoiesis. Emergent autonomy can be inferred in different ways at different stages of program development. It is concretely expressed both in a distinct circularity in internal referral, deferral, and appeals procedures, and in institutional capacities to develop such procedures. Procedural circularity is often taken as evidence of program failure, but it may instead be an indicator of early strength. Periods of acute crisis are privileged circumstances for observing such capacities.

The Value of Systems Thinking for and in Regulatory Governance: An Evidence Synthesis

“…Niklas Luhmann’s work is the most cited in the publications included in the evidence synthesis. Seven of the nine articles identified take inspiration from Luhmann’s theory of systems thinking (Aalders & Wilthagen, 1997; Born & Goldschmidt, 1997; Cohn, 2001; Lawson, 2011; Perez, 2008; Sargent, 2015; Verschraegen, 2018). These articles address three specific themes that can broadly be summarized as: “To regulate is to perform a social act of intentional communication” (Born & Goldschmidt, 1997, p. 26).…”

“…For example, licensing a firm’s internal self-regulatory regime bridges the logic of the economic system and the logic of the legal system. For the regulator, the question then is not about distinguishing between profitable/nonprofitable (as a firm would do) or legal/illegal (as a lawyer would do), but according to the standard of acceptance/rejection of the firm’s self-regulatory regime (Lawson, 2011).…”