Regulation by design: features, practices, limitations, and governance implications

Abstract

Regulation by design (RBD) is a growing research field that explores, develops, and criticises the regulative function of design. In this article, we provide a qualitative thematic synthesis of the existing literature. The aim is to explore and analyse RBD's core features, practices, limitations, and related governance implications. To fulfil this aim, we examine the extant literature on RBD in the context of digital technologies. We start by identifying and structuring the core features of RBD, namely the goals, regulators, regulatees, methods, and technologies. Building on that structure, we distinguish between three types of RBD practices: compliance by design, value creation by design, and optimisation by design. We then explore the challenges and limitations of RBD practices, which stem from risks associated with compliance by design, contextual limitations, or methodological uncertainty. Finally, we examine the governance implications of RBD and outline possible future directions of the research field and its practices.

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Author Profiles

Jessica Morley
Oxford University
Claudio Novelli
University of Bologna
Luciano Floridi
Yale University
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References found in this work

The ethics of information.Luciano Floridi - 2013 - Oxford, England: Oxford University Press UK.
The ethics of nudging: An overview.Andreas T. Schmidt & Bart Engelen - 2020 - Philosophy Compass 15 (4):e12658.
The method of levels of abstraction.Luciano Floridi - 2008 - Minds and Machines 18 (3):303–329.
On the Structure of Legal Principles.Robert Alexy - 2000 - Ratio Juris 13 (3):294-304.

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