Have a personal or library account? Click to login
Proactive law in contemporary legal landscape: five main barriers and potential pathways to success Cover

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

By: Marco Imperiale  
Open Access
|Apr 2025

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.

DOI: https://doi.org/10.2478/bjes-2025-0015 | Journal eISSN: 2674-4619 | Journal ISSN: 2674-4600
Language: English
Page range: 309 - 323
Published on: Apr 2, 2025
Published by: Tallinn University of Technology
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2025 Marco Imperiale, published by Tallinn University of Technology
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.