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This chapter defines key concepts, conceptualizes the judicial use of soft law as a dependent variable and formulates theoretically derived expectations. It first argues for a fine-grained conceptualization of the phenomenon, distinguishing ‘softer’ from ‘harder’ forms of soft law use. It then proposes to conceive of courts as rational actors within institutions interacting with national administrations and society. From this perspective, actor-centered and institutional factors are proposed to explain the judicial use of soft law.

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The Analytical Framework: Understanding Soft Law and National Courts

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  • 发表日期：

    2025年

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  • Adam Eick

摘要

This chapter defines key concepts, conceptualizes the judicial use of soft law as a dependent variable and formulates theoretically derived expectations. It first argues for a fine-grained conceptualization of the phenomenon, distinguishing ‘softer’ from ‘harder’ forms of soft law use. It then proposes to conceive of courts as rational actors within institutions interacting with national administrations and society. From this perspective, actor-centered and institutional factors are proposed to explain the judicial use of soft law.