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TalTech Journal of European Studies
Article . 2025 . Peer-reviewed
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Article . 2025 . Peer-reviewed
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Building Proactive Law Competence with Systems Intelligence

Authors: Toivonen Nina;

Building Proactive Law Competence with Systems Intelligence

Abstract

Abstract Proactive law focuses on preventing future problems and promoting desirable outcomes through the application of law. This article argues that framing proactive law as a systemic approach opens up the possibility for developing a proactive legal theory and solutions using insights from various applications of systems thinking, which is an aspect currently missing from proactive law research. The article introduces the framework of systems intelligence (SI), a practically oriented philosophy for making positive systemic interventions, and discusses its promises and challenges in building proactive law competence. The SI framework is used to illustrate how formalistic, legal-centric and problem-focused practices of law tend to create systemic “reactive-law generators” that may contribute to reproducing the problems they were initially designed to solve. The paper argues that understanding the mechanisms of the reactive-law generators and mitigating their negative effects should be the focus of proactive law research and suggests that systems intelligence philosophy, as well as other systems-awareness building methods, such as visual and co-creative design techniques, can provide strategies and tools to support this work.

Related Organizations
Keywords

systems intelligence, systems awareness, transformation, legal design, International relations, sustainability, systems theory, Political science, JZ2-6530, proactive law, J

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
Green
Published in a Diamond OA journal
Fields of Science
Fields of Science
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