A brake or an accelerator? The role of law in sustainability transitions

Abstract

The role of law is arguably of key importance in rapid sustainability transition. However, neither past nor current transition research explicitly engages with law in relation to transition, and when it engages with law at all, it adopts an instrumental view of it rather than a complex-systemic one. Similarly, there is a lack of broad-ranging legal scholarship on the role of law in transition. We argue that there is a need to bridge the gap between legal and transition research to support the achievement of sustainability goals, and propose a conceptual framework to initiate such a dialogue. The various accelerating, braking and steering roles that the law plays in transition forms the core of our framework in tandem with an argument to the effect that law is a complex system containing legal forces that both support and hinder sustainability transition.