In the Second Annual T.M.C. Asser Lecture 'Accountable Institutions, Trustworthy Cultures, delivered by Onora O’Neill in December 2016 in The Hague, Professor O’Neill argues that rules are evidently needed for the rule of law, and hence also for the protection of human rights, for democracy, and for commercial life. However, rules are always and unavoidably incomplete and indeterminate. Their use is always a matter of judgement. Yet contemporary regulation often appears to ignore this well-established point.
According to Professor O’Neill, a more adequate approach to institutional life would recognise the importance of institutional cultures that acknowledge the importance of institutional life being guided by purposes, standards and cultures that require and foster the exercise of judgement in the use of rules.