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Beyond Evidence: Anticipatory Regimes in Law
Law & Policy  (IF1.432),  Pub Date : 2020-12-27, DOI: 10.1111/lapo.12159
Elen Stokes

This article lays the groundwork for a new approach to understanding how law engages with the future, based on the social science theory and practice of anticipation. Anticipation, as depicted by an extensive interdisciplinary literature, encourages a shift in attention from the future as a matter solely of probability and effect, to the future as a wider array of possibilities operating on the present. Notably absent from the literature is law. This article offers a framework for analysing how law mobilises future possibilities to serve present regulatory purposes, focusing in particular on the role of legal horizons, forms and affect.