Proactive law in contemporary legal landscape: five main barriers and potential pathways to success
This position paper affirms the transformative potential of proactive law, an anticipatory approach that integrates legal foresight into business strategy to prevent disputes and mitigate risks. Despite its promise, proactive law faces significant challenges within the traditionally reactive legal p...
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| Format: | Article |
| Language: | English |
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Sciendo
2025-03-01
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| Series: | TalTech Journal of European Studies |
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| Online Access: | https://doi.org/10.2478/bjes-2025-0015 |
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| _version_ | 1850122305161658368 |
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| author | Imperiale Marco |
| author_facet | Imperiale Marco |
| author_sort | Imperiale Marco |
| collection | DOAJ |
| description | This position paper affirms the transformative potential of proactive law, an anticipatory approach that integrates legal foresight into business strategy to prevent disputes and mitigate risks. Despite its promise, proactive law faces significant challenges within the traditionally reactive legal profession and the business environment. The paper identifies and examines five key barriers: entrenched reactive mindsets, organizational silos, difficulty in quantifying preventive benefits, budget constraints and the complexities of a dynamic global legal landscape. Adopting a reflective and analytical methodology, this reflection draws on interdisciplinary legal theory and organizational behavior frameworks to ground its criteria for evaluating these barriers. It positions itself as a reflection paper aimed at fostering a critical discourse on systemic resistance to proactive legal practices. Contributions include a nuanced understanding of the obstacles hindering the adoption of proactive law and strategic recommendations for overcoming them, advocating for a shift towards a more integrated, client-centered legal framework. |
| format | Article |
| id | doaj-art-0aa1903e4c67408e80eb3aa3dca45e8c |
| institution | OA Journals |
| issn | 2674-4619 |
| language | English |
| publishDate | 2025-03-01 |
| publisher | Sciendo |
| record_format | Article |
| series | TalTech Journal of European Studies |
| spelling | doaj-art-0aa1903e4c67408e80eb3aa3dca45e8c2025-08-20T02:34:51ZengSciendoTalTech Journal of European Studies2674-46192025-03-0115130932310.2478/bjes-2025-0015Proactive law in contemporary legal landscape: five main barriers and potential pathways to successImperiale Marco01Better Ipsum, Via San Gervasio 6, Bologna 40122, Italy (I)This position paper affirms the transformative potential of proactive law, an anticipatory approach that integrates legal foresight into business strategy to prevent disputes and mitigate risks. Despite its promise, proactive law faces significant challenges within the traditionally reactive legal profession and the business environment. The paper identifies and examines five key barriers: entrenched reactive mindsets, organizational silos, difficulty in quantifying preventive benefits, budget constraints and the complexities of a dynamic global legal landscape. Adopting a reflective and analytical methodology, this reflection draws on interdisciplinary legal theory and organizational behavior frameworks to ground its criteria for evaluating these barriers. It positions itself as a reflection paper aimed at fostering a critical discourse on systemic resistance to proactive legal practices. Contributions include a nuanced understanding of the obstacles hindering the adoption of proactive law and strategic recommendations for overcoming them, advocating for a shift towards a more integrated, client-centered legal framework.https://doi.org/10.2478/bjes-2025-0015change managementlawyeringproactive law |
| spellingShingle | Imperiale Marco Proactive law in contemporary legal landscape: five main barriers and potential pathways to success TalTech Journal of European Studies change management lawyering proactive law |
| title | Proactive law in contemporary legal landscape: five main barriers and potential pathways to success |
| title_full | Proactive law in contemporary legal landscape: five main barriers and potential pathways to success |
| title_fullStr | Proactive law in contemporary legal landscape: five main barriers and potential pathways to success |
| title_full_unstemmed | Proactive law in contemporary legal landscape: five main barriers and potential pathways to success |
| title_short | Proactive law in contemporary legal landscape: five main barriers and potential pathways to success |
| title_sort | proactive law in contemporary legal landscape five main barriers and potential pathways to success |
| topic | change management lawyering proactive law |
| url | https://doi.org/10.2478/bjes-2025-0015 |
| work_keys_str_mv | AT imperialemarco proactivelawincontemporarylegallandscapefivemainbarriersandpotentialpathwaystosuccess |