Transnational Private Regulation and the Changing Media of Rules

The growth of transnational private regulation has involved a great many types of changes, including changes in the types of actors that make rules, in the degree of formality of rules, and in the spatial boundaries of rules. One type of change that merits more focused attention is in the media of rules. Historically a major shift was from rules that were communicated orally, to rules that were inscribed in physical objects. Changes in these objects, from stone or clay to paper and print media were also consequential, enabling rules to be created, preserved and disseminated in new ways. This shift was closely associated with the growth of public authority and its accompanying artefacts such as written constitutions, official documents, and paper money. Today further technological changes in information and communications media are widely recognized as associated with structural transformations of all types of institutions. These technologies facilitate the use of networks and transnational supply chains by business. They stimulate the growth of global social movements and undermine state censorship. They lead to experiments with e-Government and threaten the business models of newspapers and the music industry. But what exactly is the significance of these technological changes for the creation, preservation and dissemination of rules, and how do these changes in the media of rules interact with the growth of transnational private regulation?