Document Type : Research Paper

Authors

• Atefeh Moradi Eslami ¹
• Mohammad Javad Javid ²

¹ .Ph.D Student, Public Law, University of Tehran, Tehran, Iran

² Professor, Public International Law Group, University of Tehran, Tehran, Iran

Abstract

 

Introduction

While the principles of certainty and legal security are foundational to modern legislation, the transition to the digital age and postmodernism has necessitated the adoption of principles such as uncertainty, innovation, and flexibility in some international legal documents due to the rapid socio-economic developments driven by technological progress. The assemblage theory, informed by the philosophies of Deleuze, Guattari, and DeLanda, offers a dynamic understanding of the actions and network interactions among social actors. This framework facilitates a deeper understanding of institutional dynamics and highlights the necessity of adapting legal dynamics to specific contexts.

Literature Review

Rhizome thinking, a concept developed by Gilles Deleuze, offers a critical perspective on the tradition of Western philosophy. Deleuze critiques the tree-like, vertical, and prescriptive structure of thought that is rooted in the concept of being, advocating instead for a horizontal, networked, and becoming structure as the foundation for thinking and knowledge. He employs the metaphor of the rhizome to illustrate this alternative mode of thought. Manuel DeLanda offers an alternative perspective that builds upon and modifies Deleuze and Guattari’s assemblage theory. From DeLanda’s viewpoint, entities are collections that increase in scale and complexity as components are added. He asserts that sets are the wholes whose characteristics emerge from the interactions between their parts. Given the existing literature, the assemblage theory has been applied in a limited way to explore the requirements of modern society and the social changes that encompass the civilization process in the contemporary societies of the 20th-century. Assemblage thinking has emerged at the forefront of a paradigm shift, viewing space and agency as the product of connections between humans and non-humans that create unstable wholes. This shift provides new avenues for rethinking the relationships between power, politics, and space from a more processual and socio-material perspective. In recent years, an increasing number of researchers have begun to view the state as a collection of heterogeneous elements, reconstructing the socio-material foundations of its functioning. Geographers, in particular, tend to focus on examining the spatial dimensions of state power. It appears that jurists are among the last groups of scholars to engage with the phenomenon of post-modernism while continuing to adhere to the principles of modern law.

Materials and Methods

The present study relied on a descriptive–analytical method to examine the feasibility of understanding institutional dynamics in the rule of law process, focusing on the epistemology and sociology of the assemblage theory as articulated by three key figures of this school of thought: Gilles Deleuze, Félix Guattari, and Manuel DeLanda.

Results and Discussion

According to assemblage theory, policymaking is conceptualized within a social-material framework known as assemblage. In this approach, process and non-linearity serve as the main forms of policy development. Various actors—including local residents, interest groups, local institutions and authorities, the media, national governments, and sometimes international agencies—contribute to the formulation of policies and laws. The development of policy processes does not follow a linear path; it is not simply a matter of information flowing down the hierarchy from policymakers to citizens. Moreover, it does not consist of a linear sequence of activities over time, such as moving from the formulation of agenda to the approval and implementation of the law. In this sense, politics is not viewed merely as policymaking or as doing politics; rather, it is understood as the occurrence of politics within a multi-level, heterogeneous complex network. The network comprises a set of different non-linear processes, including different agencies and motives. Consequently, this approach contrasts sharply with traditional models of policymaking and legislation, defining itself as fully participatory.
During the transition to the digital age, the rule of law has faced challenges due to the rapid pace of technological advancement, leading to philosophical and procedural revisions. Consequently, the law, which was once considered the foundation of political authority, is undergoing criticism and transformation in response to the emergence of new political actors and shifting rules of the game. Critics of innovation-related harms often advocate for risk-based regulation. Many scholars in law and technology agree that fostering innovation requires a gradual, reflexive, and participatory regulatory approach that incorporates rules from both the public and private sectors. However, due to the uncertainties surrounding innovation policy, some argue that the public sector must fundamentally shift its orientation toward adaptation, co-evolution, agility, and improvisation, resulting in policy recommendations that governments often find contentious. The philosophy of public law must evolve alongside the needs of governance to provide a foundation that aligns with these developments, ensuring that the public interest is not sacrificed to the rapid pace of change or the trial-and-error approaches of policymakers. In this context, the French theory of assemblage, as a postmodern school of thought, has elucidated the interaction between formal and informal institutions in society through a deconstructive approach. Based on the work of Deleuze, Guattari, and DeLanda, the assemblage theory offers a dynamic understanding of the roles and network interactions of social actors, providing a framework for understanding institutional dynamics.

Conclusion

By identifying the creative interactions between social institutions, the assemblage theory paves the way for a dynamic interpretation of emerging legal situations and offers a means to overcome the institutional inertia present in legal traditions—the tradition that inherently resists change and often fails to respond timely and appropriately to institutional developments. Updating the legal doctrine to align with contemporary considerations of citizenship, good morals, and public order can yield more precise responses to emerging issues. Moreover, this proactive approach can help prevent creative compliance and the circumvention of the rule of law under the pretext of urgency and emergency situations.

Keywords

• Assemblage Theory
• Institutional Dynamics
• Rule of Law
• Agency
• Digital Age

Main Subjects

• Public Law