COMMENTPROF.DR.HIROKO KUDO
PROFESSOR, FACULTY OF LAW, CHUO UNIVERSITYVISITING PROFESSOR, NEWCASTLE BUSINESS SCHOOL, NORTHUMBRUA UNIVERSITY

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WHO I AM• Full professor in Public Policy and Management• Ph. D. in public policy from the University of Venice• Worked with University of Roma Sapienza with Professor Sabino Cassese, working with Bocconi
University (Professor Giacinto della Cananea), and University of Cagliari (Professor Gianmario
Demuro and Professor Paola Piras), among others• Researches on e-Government, ICT policy, public sector reform (NPM), performance measurement
and policy evaluation, HRM, capacity-development in public sector, multi-level governance, publicservice delivery, participation and co-production, post NPM, smart city, digital government, Big Dataand AI• Worked with Ministries and agencies especially on policy evaluation and contract with private sector;
with local governments on organizational reform and HRM• Participating in National project on AI negotiation

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TABLE OF CONTENT• About “norm”: from law, regulation, and rule to “manager”• Rule of Law and procedure vs. economic efficiency andoutcome• Governmentality (Michel Foucault)• “Wicked problems”: technological transformation and its
consequences

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ABOUT “NORM”
From law, regulation, and rule to “manager”

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MAX WEBER’S PRINCIPLES ON BUREAUCRACY• Task specialisation (specialization and division of labour)• Hierarchical authority• Formal selection (merit system)• Rules and requirements• Impersonality (and/or personal indifference or “integrity”)• Career orientation⇔ Critiques to bureaucracy (as red tape)• Public Service Motivation Theory• Co-design, Co-creation, and Co-production (or “Governance”) Theory = certain amateurism?

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THE SEVEN PRINCIPLES OF PUBLIC LIFE

(NOLAN COMMITTEE ON STANDARDS IN PUBLIC LIFE, 1995, UK)• Selflessness• Integrity• Objectivity• Accountability• Openness• Honesty• Leadership

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PUBLIC VALUE?
• A value is an enduring belief that a specific mode of conduct orend-state of existence is personally or socially preferable to anopposite or converse mode of conduct or end-state of existence.
(Rokeach)• Public value and public values are surely important; however,can be shared only by a certain group or community withsimilar cultural and societal background ⇒ diversity?

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8RULE OF LAW AND PROCEDURE VS.
ECONOMIC EFFICIENCY AND OUTCOME
Traditional Public Administration, Public Management, and Public GovernanceKudo@DIJ

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NEW PUBLIC MANAGEMENT (NPM)• NPM: Introduction of private sector managerial technique and instrumentsin public sector• Outcome-orientation, efficiency and effectiveness, B/C, and customerorientation have become important• Introduced markets, managers and measurement (Ferlie, et.al., 1996)• Characteristics of NPM considered as decentralisation, management byobjectives, contracting out, competition within government, and customer
orientation (OECD, 2003)

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CRITIQUES TO NPM AND POST NPM• Citizen-centric• Guarantee participation of stakeholders• Network governance• Co-production• New Public Service (NPS)• Changing characteristics of accountability• Important role of social sector• Public value and/or Trust⇔ Reinventing the traditional model or reinventing the NPM?

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ALL STAKEHOLDERS?

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12“GOVERNMENTALITY”
Michel Foucault

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GOVERNMENTALITY (1)• Emphasizes the governing of people’s conduct through positive means
rather than the sovereign power to formulate the law• Governmentality is associated with the willing participation of the governed• The concept takes the definition of government as the exercise of organizedpolitical power by a nation or state and expands it to include the active
consent and willingness of individuals to participate in their own
governance• Government by the state is only one form of governing, the terms state andgovernment are not synonymous, and the actions taken by the state alone
cannot bring about its desired ends

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GOVERNMENTALITY (2)• “Good government” is seen as going beyond the exercise of sovereign
power in order to foster the population’s prosperity, health, longevity,productivity, and happiness• Political power is exercised through different agencies, social groups, andtechniques, which may be only loosely associated with the formal
bureaucracy of the state• Government is viewed not as a sole actor but, rather, as an assemblage ofdiverse elements, practices, and ways of thinking coming together to bothframe and resolve problems

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15“WICKED PROBLEMS”
Technological transformation and its consequences

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PROFESSOR DI FABIO MENTIONED…AMONG OTHERS• Digital transformation, development of artificial intelligence, ecologicaltransformation, new geopolitical power relations, erosion processes of
democracy and statehood, changes in the creation of economic value• Do we need an institution such as cash?

• How much freedom of decision is to be left to artificial intelligence? Will it
be possible in the future to grant AI its own legal subjectivity, or should sucha thing be considered for higher animals as well?

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SOME CONSIDERATIONS• Why Facebook’s Libra is an issue?: currency and trust• AI can negotiate and coordinate, but can also practice bid rigging (without intention):
improving algorithm can help, but might not enough• Giving AI juridical personality might help on paper, but not in practice: responsibility• The good news is that the AI still need long to go to be “intelligent” enough to be independent• Platform businesses are, for their nature, against Antitrust Law, and the sole winners in digitalarea: EU’s frequent attempts to stop them vs. US and China’s advancement• “Regulation and license” principle and practice would no longer hold: “Tesla model” might bein increase?
• AI and Big Data (and machine learning): privacy and personal data? Data can help AI; datacollected from/among human being

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THANK YOU FOR YOUR ATTENTION
Looking forward to discussing with you!