BA (Law and Sociology, Warwick University), PhD (Law, Warwick University)

Bettina was a Jean-Monnet Fellow at the European University Institute, Florence, Italy from September 2004 to January 2005. She has carried out consultancy work for the Environment Agency for England and Wales on trust based environmental regulation.




Displaying 1 - 47 of 47. Sorted by year, then title.
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  • B Lange, 'Chapter 38: Command and Control Standards and Cross-Jurisdictional Harmonization' in Emma Lees and Jorge Viñuales (eds), Oxford Handbook in Comparative Environmental Law (Oxford University Press 2019)
    This chapter begins with a review of the strengths and weaknesses of ‘command and control’ environmental standards. It suggests that academic literature has been particularly concerned with discussing ‘command and control’ standards in the context of broad, at times theoretically informed debates, about the relevant role of states and markets in environmental regulation. More pragmatically empirically informed literature has documented deficits in the implementation of ‘command and control’ standards and has proposed options for resolving these. Differently from this, this chapter suggests that limited conceptualizations of how the natural environment works, and how it is influenced by human actions, is a key shortcoming of ‘command and control’ standards. This ‘conceptualisation gap’ may be more significant for restricting the effectiveness of ‘command and control’ standards than their limited economic incentives or implementation deficits. The chapter then discusses how applied science models that analyse environmental risks can help to close this ‘conceptualisation gap’. Discussing the role of science in the setting and implementation of ‘command and control’ standards matters especially in the context of comparative environmental law. Drawing on the abstract, conceptual, and thus potentially trans-jurisdictional ‘language of science’ may make these standards more comparable, and potentially more alike across different jurisdictions. Hence, the chapter probes the potential of the ‘language of science’, as perhaps greater than that of the indeterminate ‘language of law’, for promoting the harmonization of ‘command and control’ standards across different jurisdictions.
    ISBN: 9780198790952
  • B Lange, I Holman and J Bloomfield, 'A framework for a joint hydro-meteorological-social analysis of drought' (2017) 578 Science of the Total Environment 297
    This article presents an innovative framework for analysing environmental governance challenges by focusing on their Drivers, Responses and Impacts (DRI). It builds on and modifies the widely applied Drivers, Pressures, States, Impacts and Responses (DPSIR) model. It suggests, firstly and most importantly, that the various temporal and spatial scales at which Drivers, Responses and Impacts operate should be included in the DRI conceptual framework. Secondly, the framework focuses on Drivers, Impacts and Responses in order to provide a parsimonious account of a drought system that can be informed by a range of social science, humanities and science data. ‘Pressures’ are therefore considered as a sub-category of ‘Drivers’. ‘States’ are a sub-category of ‘Impacts’. Thirdly, and most fundamentally in order to facilitate cross-disciplinary research of droughts, the DRI framework defines each of its elements, ‘Drivers’, ‘Pressures’, ‘States’, ‘Impacts’ and ‘Responses’ as capable of being shaped by both linked natural and social factors. This is different from existing DPSIR models which often see ‘Responses’ and ‘Impacts’ as located mainly in the social world, while ‘States’ are considered to be states within the natural environment only. The article illustrates this argument through an application of the DRI framework to the 1976 and 2003–6 droughts. The article also starts to address how - in cross-disciplinary research that encompasses physical and social sciences – claims about relationships between Drivers as well as Impacts of and Responses to drought over time can be methodologically justified. While the DRI framework has been inductively developed out of research on droughts we argue that it can be applied to a range of environmental governance challenges
  • B Lange, 'An eco-socio-legal perspective on property rights in natural resources - The Case of Water ' (2017) Oxford University Press Oxford Handbooks On-Line
    This article sets out two key dimensions of an eco-socio-legal perspective for understanding property rights in natural resources. These are, first, an analysis of how relationships between geographical place, law and society shape the content and application of property rights in natural resources. Second, an eco-socio-legal perspective foregrounds an analysis of how those who hold property rights to natural resources and third parties actually understand these rights, and thus how their meaning-making practices contribute to defining these rights. The first dimension of this eco-socio-legal perspective is fleshed out through a critical review of existing academic literature in the main Section Two of this article. The second dimension is illustrated through a qualitative empirical case study of English farmers’ understanding of their economic rights to water in Section Three of this article.
  • B Lange, 'How to think about ‘nature-society’ relationships in environmental law ‘in action’?' in Andreas Philippopoulos-Mihalopoulos and Victoria Brooks (eds), Handbook of Research Methods in Environmental Law (Edward Elgar 2017)
    in press.
  • B Lange, F Haines and D Thomas (eds), Regulatory Transformations: Rethinking Economy and Society Interactions (Hart Publishing, Onati Socio-Legal Series 2015)
    'This thought-provoking collection asks the most critical question of our time – how to civilise markets through social accountability and political action. The climate and financial crises we face show how crucial this challenge is. Lange, Haines and Thomas have put together a series of fruitful case studies of the possibilities for embedding economic relationships in social relationships by a series of top-class researchers within their own illuminating and sensitive framing of the issue'.Professor Christine Parker, Professor of Regulatory Studies at Monash University.
    The issue of whether transnational risk can be regulated through a social sphere goes to the heart of what John Ruggie has described as 'embedded liberalism': how capitalist countries have reconciled markets with the social community that markets require to survive and thrive. This collection, located in the wider debates about global capitalism and its regulation, tackles the challenge of finding a way forward for regulation. It rejects the old divisions of state and market, citizens and consumers, social movements and transnational corporations, as well as 'economic' and 'social' regulation. Instead this rich, multidisciplinary collection engages with a critical theme-the idea of harnessing the regulatory capacity of a social sphere by recognising the embeddedness of economic transactions within a social and political landscape. This collection therefore explores how social norms, practices, actors and institutions frame economic transactions, and thereby regulate risks generated by and for business, state and citizens.A key strength of this book is its integration of three distinct areas of scholarship: Karl Polanyi's economic sociology, regulation studies and socio-legal studies of transnational hazards. The collection is distinct in that it links the study of specific transnational risk regulatory regimes back to a social–theoretical discussion about economy–society interactions, informed by Polanyi's work. Each of the chapters addresses the way in which economics, as well as economic and social regulation, can never be understood separately from the social, particularly in the transnational context. - See more at:
  • B Lange and C Cook, 'Mapping a Developing Governance Space: Managing Drought in the UK' (2015) 68 Current Legal Problems 229
    Climate change is associated with severe weather events also in the UK, such as alternating periods of flooding and drought. This article discusses how this increasingly important environmental challenge can be regulated. Current key regulatory tools for preventing and managing drought are drought planning, drought orders and permits, as well as the revocation and modification of abstraction licences. The article develops the metaphor of a governance space in order to understand how environmental science and economics knowledge practices inform the mobilization of these key regulatory tools. This builds on literature about the regulatory space metaphor, and further advances it by conceiving of law and information, two key resources for institutional actors in a governance space, as mediated by discourses. The article develops this argument by, first, reviewing in the introductory sections key provisions of European Union (EU) and English law in relation to regulatory tools for preventing water shortages and managing drought. It further develops this analysis in the subsequent section by examining what environmental science and economics knowledges are generated when particular regulatory tools for preventing or managing drought are applied. In the following main section the article then critically reviews literature about the regulatory space metaphor. It identifies a positivist understanding of information and law as a limitation of some of this literature. By building on contributions to this literature that adopt a discourse perspective, it suggests that law and information should be understood as discursively mediated. Building and maintaining reputations for effective drought management is one example of a discourse that mediates linked legal and information resources for drought management.
  • B Lange and N Alexiadou, 'Europeanising the national education space?- Adjusting to the Open Method of Co-ordination in the UK' (2015) 38 International Journal of Public Administration 157
    This article examines the reception of the education Open Method of Coordination (OMC) in the UK as an aspect of Europeanization of national administrations. It addresses relationships between political and administrative actors in the process of responding to the education OMC. We argue that despite progress with institutionalization of the education OMC at the EU level, there is limited institutionalization of the education OMC at the national level. Against the backdrop of UK skepticism about engaging with the EU integration project, the interesting finding is the administrative strategies employed for deflecting EU influence on the national education space.
  • B Lange and M Shepheard , 'Changing conceptions of rights to water? An eco-socio-legal perspective' (2014) 26 Journal of Environmental Law 215
    This article won jointly the JEL annual Richard Macrory ‘best article’ prize 2014.
    This article inquires into the meaning of a ‘right’ to water. It examines how the nature and content of such a right may be changing in the context of greater emphasis in environmental regulation on water stewardship which seeks to tackle risks of water scarcity. In the UK, for instance, water abstractions have been further regulated through the Water Act 2003 and additional reforms are proposed by the draft Water Bill HC (2013–4). The article locates its analysis in literature on the qualification of private property rights through natural resource management, and in the developing socio-legal literature on the intersection between rights and regulation. We critically engage with this literature on the basis of qualitative empirical research about how farmers in England think about a right to water. Our pilot project confirms some accounts in the literature, but questions others. We find empirical support for thinking about rights that is qualified by stewardship practices, but we suggest that conceptions of rights need to be broadened to include administrative concepts, including collective rights to water. On the basis of our data we develop an eco-socio-legal perspective that foregrounds three interpretive frames for understanding how conceptions of rights to water are generated. These are the institutional–legal framework of abstraction licensing in England and Wales, perceptions of the natural space which is governed by this legal framework, and, the economic context in which rights to water are exercised.
  • B Lange, 'After a romantic aspiration to society: Harnessing the regulatory capacity of a social sphere' in (ed), Lange, Haines and Thomas (eds) From Economy to Society? Perspectives on Transnational Risk Regulation (Emerald -Studies in Law, Politics and Society 2013)
    This introduction unpacks the key question that informs the articles in this special issue. How does a social sphere inform regulation and, more specifically, how can the regulatory capacity of a social sphere be harnessed, as an alternative or significant complementary force to state regulation and reliance on the self-regulatory capacity of markets? This question is salient and topical also in light of the search for new regulatory strategies and perspectives in the aftermath of the 2007 financial and subsequent EU sovereign debt crises, which have led to a major realignment of economy and society in a number of countries. This introduction argues that economic sociology is a crucial reference point for understanding more about the social practices that constitute business behavior. It enables to explore the scope and significance of often interlinked social and legal norms for regulating various transnational risks that economic activity can give rise to. The introduction therefore locates the quest for understanding more about the regulatory capacity of a social sphere in debates that draw on Karl Polanyi’s analysis of the embedding, disembedding, and re-embedding of economic activity into social norms. The introduction highlights one of the key themes developed in this special issue, the idea of society within economy which questions an assumed conceptual distinction between economy and society. This introduction concludes by specifying how the accounts of risk regulation developed in this special issue chart a path that is different from recent explorations of the role of a social sphere in regulation, which were conducted under the banner of “the sociological citizen,” “regulatory sociability,” and “collaborative governance.
  • B Lange and N Alexiadou, 'Deflecting European Union influence on national education policy-making: the case of the United Kingdom' (2013) 35 Journal of European Integration 37
    cited in e.g.: Amitai Etzioni (2013): THE EU, European Societies, DOI:10.1080/14616696.2013.787436
    This article examines how education policies developed in the European Union (EU) through the open method of co-ordination (OMC) are received at the member state level of the United Kingdom (UK). We argue that the UK’s response to the education OMC can be understood mainly in terms of deflecting EU influence on the process and content of national education policy-making. We focus on three manifestations of deflecting EU influence on national education policies. On a level of institutional structures, first, few organizational resources are made available for responding to the education OMC. Second, there is limited communication between domestic policy teams and UK civil servants involved in international work. Third, on a level of discourse UK education policy-makers have retained a commitment to the continued sovereignty of the UK over education policy and its role as a potential leader of education policy agendas in the EU. Deflecting the education OMC involves here constructing images of ‘fit’ between UK and EU OMC education policies.
  • E Fisher, B Lange and E Scotford, Environmental Law: Text, Cases & Materials (OUP 2013)
    ISBN: 978-0-19-927088-0
  • B Lange, 'From Polanyi to discourse theory' in (ed), From Economy to Society? Perspectives on Transnational Risk Regulation (Emerald -Studies in Law, Politics and Society 2013)
    This article starts from the assumption that economic sociology, including Karl Polanyi’s work, can contribute fresh perspectives to regulation debates because it opens up new understandings of the nature of economic activity, a key target of legal regulation. In particular this article examines Polanyi’s idea that society drives regulation. For Polanyi the “regulatory counter-movement” is society’s response to the disembedding – in particular through the proliferation of markets – of economic out of social relationships. Section One of the article identifies three key challenges that arise from this Polanyian take on regulation for contemporary regulation researchers. First, Polanyi focuses on social norms restraining business behavior, but neglects social norms embedded in law as also shaping regulation. Second, he seems to imply a clear-cut conceptual distinction between “economy” and “society.” Third, his analysis sidelines the role of interest politics in the development of regulation. Addressing the first of these three key challenges, Section Two of this article therefore argues that a Polanyian vision of “socialized” legal regulation should build on contemporary accounts of responsive law and regulation, which focus attention on social norms informing legal regulation. Section Three of this article tackles the second key challenge raised by Polanyi’s work for contemporary regulation researchers, that is, how to transcend a modernist perspective of “economy” and “society” as clearly demarcated, distinct fields of social action. It argues that discourse theory is an important alternative theoretical resource. Drawing on Laclau and Mouffe, the article suggests that understanding “economy” and “society” as performed by open and relationally constructed discourses helps to capture interconnections between “economy” and “society” that become particularly visible when we analyze how specific regulatory regimes work at a medium- and small-scale level. These points are further brought to life in Section Four through a discussion of the European Union (EU) regulatory regime for trade in risky, transgenic agricultural products, and in particular the current reform debates about the consideration of the “socioeconomic impacts” of such products
  • A. Faulkner, C. Lawless and B Lange, 'Introduction: Material Worlds: Intersections between Socio-Legal Studies and Science and Technology Studies' (2012) 39 Journal of Law and Society 1
    ISBN: 0263-323X
  • G Castellano, A Jeunemaitre and B Lange, 'Reforming European Union Financial Regulation: Thinking through Governance Models' (2012) European Business Law Review 437
    This article examines the relationships between governance structures and regulatory approaches. It develops a typology to explain and fine-tune supranational regulatory models for the governance of markets. The article suggests, firstly, a range of regulatory options which are defined according to two dimensions: (a) the degree of centralization of regulation, which includes networks, meta-organisations, and single central authorities; and (b) the degree of invasiveness of regulation, which ranges from sunshine regulation to command and control approaches. The aim is to relate structural alternatives (considered in terms of centralization) to regulatory approaches (considered in terms of invasiveness). The typology here constructed is applied to analyse the governance structure of EU competition law. Secondly, the article focuses on the recent structural changes reshaping the governance of European financial markets. The reform is discussed through the lens of the typology. It appears that, differently from what was observed in the EU competition law model, the newly established European Supervisory Authorities (ESAs) are part of a complex structural development, in which the separation between a highly invasive regulatory approach and a decentralised supervisory structure adds further complexity. The article concludes by noting a set of possible normative implications, suggested by the typology, to ensure a consistent governance model for financial markets regulation and supervision in the EU.
  • B Lange, 'Getting to Yes: Structuring and disciplining arguments for and against transgenic agricultural products in European Union authorisations' in Brad Jessup and Kim Rubinstein (eds), Environmental Discourses (Cambridge University Press 2011)
    ISBN: 9781107019423
  • B Lange, 'Thinking about procedure: understanding legitimacy in EU environmental governance networks' in Olaf Dilling, Martin Herberg and Gerd Winter (eds), Transnational Administrative Rule-Making: Performance, Legal Effects and Legitimacy (Hart 2011)
    ISBN: 9781841132228
  • B Lange, 'Socializing Economic Relationships: A Critique of Business Regulation: Introduction' (2011) 62 Northern Ireland Legal Quarterly 393
  • B Lange, 'The EU Directive on Industrial Emissions: Squaring the Circle of Integrated, Harmonised and Ambitious Technology Standards?' (2011) 13 Environmental Law Review 169
  • B Lange, 'Foucauldian Inspired Discourse Analysis: A Contribution to Critical Environmental Law Scholarship?' in Andreas Philippopoulos-Mihalopoulos (ed), Law and Ecology: New Environmental Legal Foundations (Routledge 2010)
    ISBN: 9780415587136
  • Nafsika Alexiadou, Danica Fink-Hafner and B Lange, 'Education policy convergence through the Open Method of Co-ordination: Theoretical Reflections and implementation in 'old' and 'new' national contexts' (2010) European Educational Research Journal 345
  • B Lange and Nafsika Alexiadou, 'Governing through learning about policy: just all words? An Introduction to policy learning in the context of open methods of co-ordinating education in the European Union' (2010) 25 Journal of Education Policy 443
  • B Lange and Nafsika Alexiadou, 'How to govern for solidarity?' in Malcolm Ross and Yuri Borgman-Prebil (eds), Developing Solidarity in the EU: Citizenship, Governance and New Constitutional Paradigms (Oxford University Press 2010)
  • B Lange, 'Media Regulation and "Celebrity Big Brother': Some Critical Reflections' (2010) 7 Journal of Entertainment and Sports Law
  • Nafsika Alexiadou and B Lange, 'The Open Method of Co-ordination and the Governance of Education in Europe' in A. Pitsela (ed), Criminology: Searching for Answers, Honorary Volume for Professor Stergios Alexiadis (Sakkoula 2010)
  • B Lange and Andrew Gouldson, 'Trustbased Environmental Regulation' (2010) 408 Science of the Total Environment 5235
  • B Lange, Implementing EU Pollution Control: Law and Integration (Cambridge University Press 2008)
    Reviewed by Donald McGillivray in the Journal of Environmental Law
    ISBN: 978-0-521-88398-6
  • B Lange, 'Regulation' in P. Cane and J. Conaghan (eds), The New Oxford Companion to Law (2008)
  • B Lange, 'How Law Works in the Real World - A Critical Commentary on the Nuffield Inquiry into Empirical Legal Research' (2007) 28 Zeitschrift fuer Rechtssoziologie 139
  • B Lange, 'How to Conceptualize law in European Union integration processes? - Perspectives from the literature and empirical research' in V Gessner (ed), European Ways of Law (Hart Publishing 2007)
  • B Lange and N Alexiadou, 'New Forms of European Union Governance in the Education Sector? - A Preliminary Analysis of the Open Method of Co-Ordination' (2007) 6 European Educational Research Journal 321
  • B Lange, 'Social Dynamics of Regulatory Interactions: An Exploration of Three Sociological Perspectives' in M Freedman (ed), Law and Sociology (Oxford University Press 2006)
  • B Lange, 'Searching for the Best Available Techniques - Open and Closed Norms in the Implementation of the EU Directive on Integrated Pollution Prevention and Control' (2006) 2 International Journal of Law in Context 67
    ISBN: 1744-5523
  • B Lange, 'Researching Discourse and Behaviour as Elements of Law in Action' in R. Banakar and M. Travers (eds), Theory and Method in Socio-Legal Research (Hart Publishing 2005)
    ISBN: 18411 36263
  • B Lange, 'Regulatory Spaces and Interactions: An Introduction' (2003) Social and Legal Studies 411
  • B Lange, 'What does Law Know? Prescribing and Describing the Social World in the Enforcement of Legal Rules' (2002) 30 International Journal of the Sociology of Law 131
  • B Lange, 'Economic Appraisal and Changing Forms of Governance' (2000) 63 Modern Law Review 294
  • B Lange, 'Compliance Construction in the Context of Environmental Regulation' (1999) 8 Social and Legal Studies 549
  • B Lange, 'National Environmental Regulation? A Case Study of Waste Management in England and Germany' (1999) 11 Journal of Environmental Law 59
  • B Lange, 'Understanding Regulatory Law: Empirical vs. Systems-Theoretical Approaches?' (1998) 18 Oxford Journal of Legal Studies 449
  • B Lange, 'Europeanization or Localization of Law? the Example of the Enforcement of Environmental Policies in Germany' in C Harding & A Swart (ed), Enforcing European Community Rules (Dartmouth 1996)


Research projects

Research programmes

Research Interests

EU, UK and German environmental regulation; Qualitative empirical socio-legal research methods, including discourse analysis; The application of new modes of European governance to education policies; Socio-legal theories of regulation, including the role of emotions in regulatory processes, governance of water scarcity and drought

Options taught

Environmental Law, Legal Concepts in Environmental Law, Regulation

Research projects