Proactive Law Definition

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The National center for Prevention Law (NCPL) was founded in the 1950s by Professor Louis M. Brown in the California Western School of Law in San Diego. Proactive law is law “dedicated to preventing legal risks from becoming legal problems”. The proactive law has more influence in this days because there is a more pluralistic view of law and the rules made by States are not enough. The private actors introduce a new body of rules, practices and processes and this reflects the reallocation of the power between private and public sectors. The proactive approach is a response to the behavior that often characterizes management and law: think about problems when they materialize; but proactive behavior focuses on how to create success, avoid cost…show more content…
Proactive Law is need for having an informal mechanism in a society where governance system must become more ensuring compliance without change the legal mechanisms that are already in place. Compliance creates public and private value, because promotes the rules of law and creates new jobs and markets. So, the main different between Proactive and Traditional Law is the focus; Proactive Law is focus on the futures instead traditional law is focus on being reactive or passive. From a business' point of view, Proactive Law is useful because the value chains are too difficult to be solved alone and the new business models need a proactive approach. From a law-makers’ point of view, the society are very complicated because the environments are not one anymore but more and problems should be solved on an international level; this create a different stage of implementation of law and different problem in different country. Only with a Proactive approach it is possible to reduce the risks…show more content…
Capability, motivation and opportunity are interconnecting and can change the behaviors. The private regulation life-cycle provide: standard setting, adoption, implementation, conformity assessment and enforcement. This is a new innovative system level for private sector to supply chain certification systems as instrument to assume responsible and sustainable practices. The standard setting has three important values: representation, equity and participation. All of three can be internal or external the member control and have to represent the good practice principles of the members. The implementation forms the way the company or the cooperative applies the standard in its own operations. The monitoring aspect can be divide in proactive monitoring and reactive monitoring, depend on what the company polity is. Of course, the proactive monitoring provides a self-assessment or a peer assessment, instead the reactive monitoring includes a complaints procedure and a
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