Deep-tier regulation: on governance by and of private regulators by Dan Wielsch ISBN 101515/EPLJ20250004 instant download

Deep-tier regulation: on governance by and of private regulators by Dan Wielsch ISBN 101515/EPLJ20250004 instant download

Abstract: The expansive regulatory activities of digital gatekeepers and lead firms
of global value chains are extending the production process far beyond the boundaries
of the firm into its social as well as extra-societal environment. They have
globally reshaped the dynamics of value generation by capitalising social relationships
between their users, their psychic apparatus and natural resources respectively.
When private regulation thus extends to the deeper horizontal as well as
vertical extra-societal tiers of the world, legal review cannot be limited to the protection
of competitive markets but has to go deep-tier, too. Therefore, the article
proposes a stack model of transversally linked autonomies that attempts to overcome
the socio-centric perspectivity and the corresponding reductionism of social
and legal theory. Building on the constitutionalization of property-based private
governance, initial ideas are outlined on how the law can take account of the transversality
of autonomy.
Keywords: Data – autonomy – deep-tier regulation – private regulation