DOWNLOAD HERE: https:\/\/www.backerinlaw.com\/Site\/wp-content\/uploads\/2025\/07\/28-1-Backer.pdf<\/a><\/p>\n ABSTRACT: Data-driven governance systems are transforming the regulatory landscape of both states and other governance institutions. Grounded in principles of accountability and embedded in incentive-based systems for reducing risk and managing behaviors through mechanisms of choice and markets, these governance systems may well reshape the way states and other governance organs are constituted and operate. This short essay has two objectives. The first is to examine the challenges that social credit, ratings or assessment systems pose for effective implementation. Social credit itself refers generally to a new mode of data-driven governance through which data analytics are used to create and operate algorithms that provide a basis for rewards and punishments for targeted behaviors. More specifically, social credit references the specific project of the Chinese state to create a\u00a0comprehensive legal and regulatory mechanism grounded in data-driven\u00a0metrics that they have named \u201csocial credit.\u201d To that end, Section II\u00a0considers first the difficulties of separating the role of social credit as a set\u00a0of techniques and as a means of advancing ideological principles and\u00a0objectives in the context of Chinese efforts. The second is to consider the\u00a0resonances of China\u2019s social credit initiatives in the West. Section III then\u00a0examines some of the ways in which Western efforts at social credit\u00a0institutions have sought to meet similar challenges. The section first explores the context of social credit systems in the West and its operationalization,\u00a0principally in the private sphere and through the use of market mechanisms\u00a0for behavior management. It then examines the way that social credit might\u00a0be used in the West as a technique of governance and as a means of\u00a0embedding international standards in domestic behavior. The essay\u00a0concludes by suggesting that social credit represents the expression of new\u00a0forms of governance that are possible only through the correct utilization of\u00a0big data management. The shift in regulatory forms also point to significant\u00a0shifts in the relationship between law, the state and government.\u00a0Accountability regimes grounded in behavior standards enforced through\u00a0data-driven analytics may well change the focus of public law from\u00a0constitution and rule of law to analytics and algorithm.<\/p>\n DOWNLOAD HERE: Backer 33(2)UConnJIntlL6.13.18<\/a><\/p>\n Abstract: The 19th Congress of the Chinese Communist Party concluded at the end of October 2017. It set the fundamental policy positions of China\u2019s leadership for the next five years with particular emphasis on its approaches to constitutionalism, law, and the political theory of the state. These internal political changes will have substantial effects on China\u2019s external relations and on the ways in which Western liberal democracies engage with China. In that context among the most important questions for law revolve around the extent and character of the evolution of CPC thinking, and the CPC Basic Line, with respect to Socialist Rule of Law and Socialist Constitutionalism now bound up in the adoption of \u201cXi Jinping Thought on Socialism with Chinese Characteristics for a New Era.\u201d The question is central to a consideration of the Work Report delivered by Xi Jinping reflected in the resulting final Resolution of the 19th Congress to amend the Constitution of the Chinese Communist Party and thereafter in 2018 to amend the State Constitution to reflect the advances in political principle and the CPC political framework embedded in the CPC Constitution. A key element of that question involves constitutional trajectory: to what extent did this report reflect an official downshifting of the importance of the state constitution and constitutionalism within the construction of Chinese notions of Constitutionalism, and if so, what variation on constitutionalism is likely to emerge? If so, what are the effects of any such downshift on the relation between the state and the political constitutions of China. To that end, it is worth considering whether principles of constitutionalism for the \u201cNew Era\u201d may be extracted from Xi Jinping\u2019s Report to the 19th Congress. And if they can, to try to extract a sense of the likely characteristics of emerging structures of Chinese constitutionalism. What follows, then is a preliminary report and assessment of Constitutionalism with Chinese Characteristics in the New Era from Out of the 19th CPC Report. After this short introduction to the issues and context of Chinese constitutionalism before the 19th Congress, Section II provides a contextual framework for situating the constitutional work of the 19th CPC Congress within contemporary Chinese currents of constitutional theory. Section III then explores the references to notions of constitution in earlier CPC Congress Reports. Section IV then turns to the consideration of the constitution project for China in the \u201cNew Era.\u201d It first considers in more detail the understanding of constitution and its role in politics and governance within the 19th CPC Congress Report itself. It then explores the role of constitutionalism within the structures of the 19th CPC Congress Report through a close reading of the specific references to constitutions in the Report (state, political and mixed). Lastly, it provides a concise consideration of the connection between constitutionalism and the emerging characteristics of Chinese consultative democracy.<\/p>\n __________<\/p>\n <\/p>\n DOWNLOAD HERE: \u72ec\u5bb6_21(182)InternetFinanceLawRev2018<\/a><\/p>\n [English Language Summary<\/em><\/strong>: Social credit can be understood in two senses. First, Social Credit itself references the specific project of the Chinese state to create a comprehensive legal and regulatory mechanism that they have named “social credit.” Second, it refers generally to a new mode of governance that recombines law and governance, and the public and private spheres in new and hybrid ways that will likely transform the structures and principles on which legal, governance, and societal regulatory systems are now understood and through which they acquire their legitimacy.\u00a0 In both senses, the structures of social credit are similar. In each case the system seeks to rate or score or assess the object of regulation through a process that requires the acquisition of specific and relevant data, which is then interpreted through the application of an algorithm to produce an assessment or a score or a measure which can be used to assess compliance with underlying objectives. Those scores than serve to guide the application of legal or administrative decisions\u2014they can trigger rewards or suggest punishment.\u00a0 The triangular relationship between governmentalization (of both public and private institutional actors with managerial power), the mass of the population (which is its object and now its foundation), and the \u2018statistics\u2019 (that both define and serve to manage the mass of the population) is the essence of the problem of transparency in the twenty-first century. (Backer 2013).\u00a0 At its limit, the enterprise of social credit suggests both the emergence of a new field of law as well as the negation of the privileging of law within economic and political structures. On the one hand, one might be tempted to see in the social credit enterprise a notion of the dissolution of the constitution of law within itself; that is that the structures of legality, and its constitution, will have consumed itself. What will emerge from that self-consumption will be the methods and systems that it had once generated and which had been deployed in the service of the constitutional project\u2014that the success of the constitutional notion will ultimately consume it so that where once there was constitution there will only be mechanics; where once there was principle, there will only be data; and where once there were norms, there will be \u201cstatistics.\u201d This is bound up in the more fundamental idea of the end of law and the irrelevance of lawyer except as technician of a new system the lawyer no longer controls. On the other hand, the success of social credit may require and indeed may be dependent on the simultaneous development of a law for the digital and data age. That is, in the digital age, society (however constituted) is even more in need of law’s nomos and narrative. That nomos and narrative may vary depending on the societal and political context, but it must nevertheless develop alongside the re-constitution of the principles, customs and manners of governance. To understand social credit, one must understand the evolving structures of the relationships, in law and politics, of the relationships between states, its masses, and the institutions through which it operates.<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 This short essay has two objectives.\u00a0 The first is to examine the challenges that social credit, ratings or assessment systems pose for effective implementation. To that end, Section II considers first the difficulties of separating the role of social credit as a set of techniques and as a means of advancing ideological principles and objectives.\u00a0 It then considers social credit as a project of informatics.\u00a0 It then examines the control element of social credit systems, and ends with a consideration of social credit as governance.\u00a0\u00a0 To understand the shaping of law today (and soft law as well) one must understand social credit. Section III then considers some of the ways in which Western efforts at social credit institutions have sought to meet these challenges. It considers the context of social credit systems in the West, and its operationalization, principally in the private sphere. It examines the use of asocial credit as a technique of governance and as a means of embedding international standards in domestic behavior.]<\/p>\n <\/p>\n __________<\/p>\n DOWNLOAD PRE-PUBLICATION VERSION HERE:REV_12-2017BackerV5_CLEAN<\/a><\/p>\n FINAL VERSION MAY BE PURCHASED HERE<\/a>: https:\/\/www.tandfonline.com\/doi\/full\/10.1080\/13569775.2018.1452108?needAccess=true.<\/p>\n ABSTRACT: This paper examines regulatory governance within its own ecology. It considers regulatory governance as an ideology of governance, as its own set of techniques to that end, as a methodology and psychology of the relations of regulatory organisms to one another and to their physical surroundings. The object is to seek to chart the structures and modalities of this ecology to understand the character that makes it both coherent (singularly as the method of regulating a field, and in the aggregate, as a means of structuring regulation as an exercise of ordering power). After a brief introduction, the essay identifies the ecology within which regulatory governance arises.\u00a0 The context is Bangladesh and global supply chains in the garment sector. The paper then seeks to theorize the meta structures of regulatory governance within this ecology.<\/p>\n __________<\/p>\n“Chinese Constitutionalism in the ‘New Era’: The Constitution in Emerging Idea and Practice,” Connecticut Journal of International Law<\/em> 33(2):163-213 (2018).<\/h3>\n
\u767d \u8f72 [Larry Cat\u00e1 Backer], \u6d4b\u5ea6\u3001\u8bc4\u4f30\u548c\u5956\u52b1\uff1a\u4e2d\u56fd\u548c\u897f\u65b9\u5efa\u7acb\u793e\u4f1a\u4fe1\u7528\u4f53\u7cfb\u7684\u6311\u6218\uff1f<\/a> (Measurement, Assessment and Reward: The Challenges of Establishing a Social Credit System in China and the West?) ( \u201c\u4e92\u8054\u7f51\u91d1\u878d\u6cd5\u5f8b\u8bc4\u8bba\uff08jiflsjtu\uff09\u201d\u5fae\u4fe1\u516c\u4f17\u5e73\u53f0\u3002\u524d\u6cbf\u680f\u76ee\u00b7\u7b2c\u4e09\u5b63\u7b2c21\u7bc7\uff08\u603b\u7b2c182\u7bc7\uff09.\u00a0 (Shanghai Jiaotong University\u00a0 \u201cInternet Financial Law Review (jiflsjtu)).<\/h3>\n
“Theorizing Regulatory Governance Within its Ecology: The Structure of Management in an Age of Globalization,”<\/em>\u00a0 Contemporary Politics<\/em> 24(5):— (Special Issue (online, 2018; print forthcoming)).<\/h3>\n
\u767d \u8f72 [Larry Cat\u00e1 Backer],\u00a0 \u897f\u65b9\u53cd\u8150\u9886\u57df\u65b0\u4e3e\u63aa\uff0c\u4ece\u201c\u5404\u81ea\u4e3a\u653f\u201c\u5230\u201c\u4e00\u80a1\u5408\u529b\u201c\u00a0 58(2):17-30 \u5409\u6797\u5927\u5b66\u793e\u4f1a\u79d1\u5b66\u5b66\u62a5 — [Sword One Thrust Strategy\u201d to Combat Criminal Corruption: Corporate Compliance, Prosecutorial Discretion, and Sovereign Investor Oversight, \u00a0Jilin University Journal of Social Science] 58(2):17-30 (2018) (ISSN 0257-2834; DOI 10.15939\/j.jujsse.2018.02.fx2).<\/h3>\n