Legal Design and Effectiveness: The Quest for a Theoretical Grounding for Legal Innovation

Abstract

In contemporary discourse, legal design is one of the most talked about concepts in the legal world. Its innovative design tools and methods are emerging as a feasible alternative to transform the legal world and make it more humane. However, very few discussions have been held on how this new discipline is integrated into legal theory and what its theoretical and practical effects are for modern legal systems and states. This paper aims to bridge this gap by exploring the intersection of legal design and an overlooked concept in legal theory: the effectiveness of law and its sources. It posits that legal design provides a methodological framework for evaluating effectiveness, from individual legal sources (e.g. statutes, rulings) to broader structures such as legal systems, public policies, and state programs. By incorporating empirical and participatory approaches, the article summarizes the prospective influence of this methodology in attaining the purposes of the law and promoting effectiveness. Ultimately, it asserts that legal design not only finds a solid theoretical foundation in traditional legal scholarship but also holds significant potential - albeit not without limitations - for enhancing the utility and humanity of law in contemporary societies.