IDEAS home Printed from https://ideas.repec.org/a/vrs/bjeust/v15y2025i1p309-323n1015.html
   My bibliography  Save this article

Proactive law in contemporary legal landscape: five main barriers and potential pathways to success

Author

Listed:
  • Imperiale Marco

    (Better Ipsum, Via San Gervasio 6, Bologna 40122, Italy (I))

Abstract

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.

Suggested Citation

  • Imperiale Marco, 2025. "Proactive law in contemporary legal landscape: five main barriers and potential pathways to success," TalTech Journal of European Studies, Sciendo, vol. 15(1), pages 309-323.
    • Handle: RePEc:vrs:bjeust:v:15:y:2025:i:1:p:309-323:n:1015
    DOI: 10.2478/bjes-2025-0015
    as

    Download full text from publisher

    File URL: https://doi.org/10.2478/bjes-2025-0015
    Download Restriction: no
    File URL: https://libkey.io/10.2478/bjes-2025-0015?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:vrs:bjeust:v:15:y:2025:i:1:p:309-323:n:1015. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.sciendo.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.