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This book presents a theory of law making in the European Union, focusing on new governance structures which promote deliberation, proceduralization, and dialogue. The empirical substantiation of the argument is premised on case studies from the EU, such as the Information Society Directive, domain name dispute resolution by ICANN, Internet filters, and the proposal for a Directive on the patentability of computer-implemented inventions. Cover -- Contents -- List of Figures and Tables -- Acknowledgements -- 1 Introducing the Problématique of Law and New Governance: From Phronesis to Compromise -- Phronesis -- Elements of a Theory of Law Making -- Law Making and New Governance -- Conclusions -- 2 Economy, Polity, and the European Experience -- Innovation, Economy, and Society -- Innovation: Modern Theoretical Paradigms -- The Story of the European Union: Market Integration and the European Commission -- The Democratic Deficit and the European Demos -- Conclusions -- 3 The European Commission and the Law Making Process: Compromise as a Category of Praxis -- Schemas as Social Constructs -- Inside the European Commission: Rules of Interaction -- Compromise and Law Making Inside the European Commission -- Conclusions -- Appendix I -- Appendix II -- 4 Procedural Rationality, Power, and the Bureaucratic Mode of Thinking -- Proceduralization, Decentralization, and Internet Regulation -- Power, Capital, and the Interests of the European Administration -- Law, Code, and Internet Regulation -- Scarce Resources: Domain Name Allocation -- Establishing the Difference between the Joint Partnership Model and the Self-Regulation Model -- The Internet Action Plan and Soft Law: Setting the Vocabulary of the Debate -- Conclusions -- 5 Ruptures in Established Practice -- The Proposal for a Directive on the Patentability of Computer-Implemented Inventions: The Consultation -- Patterns of Thinking about Intellectual Property: The European Commission -- Framing with Legal Language -- The Juridico-Administrative Rationality -- Divergent Voices and Phronetic Ruptures -- Conclusions -- 6 Elements of a Theory of Law Making in the European Union -- Law, the Proceduralist Paradigm, and People's Democratic Common Sense -- Power and Context: The Regulation of Everyday Activities.
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