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(f)Lex avionica; How soft law serves as an instrumental mediator between professional norms and the hard law regulation of European civil aviation maintenance

Woodlock, John LU and Hydén, Håkan LU (2020) In Safety Science 121. p.54-63
Abstract

The regulation of safety in civil aviation in Europe has become subject to a process of juridification. The role of law in the pro-active perspective of European Aviation Safety Agency (EASA) governance, requires understanding how hard law and soft law interact. The rationality of regulatory systems can be regarded as the normative core from which different normative claims (norms) are deduced depending on the conditions applying to particular domains. Safety surrounding aviation professionals’ work practices is one such condition where the influential ‘knowledge society’ of safety science focuses on risk and human error in aviation. This article addresses the safety scholarship behind occurrence reporting and the ‘just culture’ concept... (More)

The regulation of safety in civil aviation in Europe has become subject to a process of juridification. The role of law in the pro-active perspective of European Aviation Safety Agency (EASA) governance, requires understanding how hard law and soft law interact. The rationality of regulatory systems can be regarded as the normative core from which different normative claims (norms) are deduced depending on the conditions applying to particular domains. Safety surrounding aviation professionals’ work practices is one such condition where the influential ‘knowledge society’ of safety science focuses on risk and human error in aviation. This article addresses the safety scholarship behind occurrence reporting and the ‘just culture’ concept which have arguably shaped the content and form of current civil aviation regulation in Europe. The article points to the flexible utilization of hard and soft law in aviation which innovatively upholds the market based core rationality of the European Union.

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Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Flexibility, Juridification, Just culture, Norms, Soft law
in
Safety Science
volume
121
pages
10 pages
publisher
Elsevier
external identifiers
  • scopus:85071944929
ISSN
0925-7535
DOI
10.1016/j.ssci.2019.08.037
language
English
LU publication?
yes
id
e442d337-a55f-4fc7-90e6-d258902bfd5a
date added to LUP
2019-09-16 08:17:55
date last changed
2019-09-16 08:17:55
@article{e442d337-a55f-4fc7-90e6-d258902bfd5a,
  abstract     = {<p>The regulation of safety in civil aviation in Europe has become subject to a process of juridification. The role of law in the pro-active perspective of European Aviation Safety Agency (EASA) governance, requires understanding how hard law and soft law interact. The rationality of regulatory systems can be regarded as the normative core from which different normative claims (norms) are deduced depending on the conditions applying to particular domains. Safety surrounding aviation professionals’ work practices is one such condition where the influential ‘knowledge society’ of safety science focuses on risk and human error in aviation. This article addresses the safety scholarship behind occurrence reporting and the ‘just culture’ concept which have arguably shaped the content and form of current civil aviation regulation in Europe. The article points to the flexible utilization of hard and soft law in aviation which innovatively upholds the market based core rationality of the European Union.</p>},
  author       = {Woodlock, John and Hydén, Håkan},
  issn         = {0925-7535},
  language     = {eng},
  pages        = {54--63},
  publisher    = {Elsevier},
  series       = {Safety Science},
  title        = {(f)Lex avionica; How soft law serves as an instrumental mediator between professional norms and the hard law regulation of European civil aviation maintenance},
  url          = {http://dx.doi.org/10.1016/j.ssci.2019.08.037},
  doi          = {10.1016/j.ssci.2019.08.037},
  volume       = {121},
  year         = {2020},
}