10 THE ITALIAN LAW JOURNAL NOS. 1-2 (2024)
Legal Metrics: Getting the Measure of Good Governance
by Roger Brownsword This article draws on my analysis of the legal landscape in Law 3.0: Rules, Regulation and Technology. Given this analysis, it is suggested that, while traditional legal thinking has no place for performance indicators, legal metrics are entirely consistent with regulatory thinking and in line with the evolution of law’s governance. Having identified the leading questions concerning the use of legal metrics within a regulatory paradigm, it is suggested that we also need to consider how metrics play where, instead of relying on humans, governance is undertaken by smart technologies. Aspiring to good governance, we should debate not only how legal metrics can contribute to regulatory governance but also whether and how they might figure in the context of governance by technologies. DOI 10.23815/2421-2156.ITALJ ISSN 2421-2156
