This paper examines the role of infra-law – internally produced, informal, and flexible administrative norms – in shaping frontline emergency decision-making. While emergencies inherently expand operational discretion, such discretion risks arbitrariness and threatens legality. The article argues that infra-law can mitigate this risk by providing timely, context-specific guidance that more rigid legal instruments cannot offer. By operating as a vehicle of disciplinary power within bureaucratic structures, infra-law helps standardize frontline behavior, reduce cognitive burdens, and align on-the-spot decisions with managerial objectives. The paper concludes that strategically applied infra-law can balance efficiency and legality on emergency frontlines.
Zgur, M. (2026). Infra-law in frontline emergency decision-making: mediating discretion and rule-following. MATERIALI PER UNA STORIA DELLA CULTURA GIURIDICA(1), 211-237 [10.1436/120962].
Infra-law in frontline emergency decision-making: mediating discretion and rule-following
Matija Zgur
2026-01-01
Abstract
This paper examines the role of infra-law – internally produced, informal, and flexible administrative norms – in shaping frontline emergency decision-making. While emergencies inherently expand operational discretion, such discretion risks arbitrariness and threatens legality. The article argues that infra-law can mitigate this risk by providing timely, context-specific guidance that more rigid legal instruments cannot offer. By operating as a vehicle of disciplinary power within bureaucratic structures, infra-law helps standardize frontline behavior, reduce cognitive burdens, and align on-the-spot decisions with managerial objectives. The paper concludes that strategically applied infra-law can balance efficiency and legality on emergency frontlines.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


