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Regulation


ISBN13: 9780754621829
ISBN: 0754621820
Published: October 2003
Publisher: Routledge
Format: Hardback
Price: £71.99



Legal scholarship is concerned with distinctive issues and problems of regulatory governance. This volume draws together writings on regulation which problematize law in regulatory settings and which introduce problems of regulatory law to legal theory. The main themes addressed are: the character of regulatory law; legal theories of state and market; regulatory rules; organizations and institutional variety; accounting for regulation.

Contents:
The character of regulatory law: Edward L. Rubin (1991), the Concept of Law and the new Public Law Scholarship; Gunther Teubner (1984), After Legal Instrumentalism? Strategic Models of post-regulatory law'; Boaventura de Sousa Santos (1985), On Modes of Production of Law and social Power. Legal theories of state and market: Douglass C. North and Barry R. Weingast (1989), constitutions and commitment: the evolution of institutions governing public choice in Seventeenth-Century England; P.P. Craig (1991), Constitutions - Property and Regulation; Tony Prosser (2000), Public Service Law: Privatization's Unexpected Offspring; Wernhard M schel (2001), The Proper Scope of Government Viewed from an Ordoliberal Perspective: The Example of Competition Policy. Regulatory Rules: J.M. Black (1995), ""Which Arrow?"": Rule Type and Regulatory Policy; Robert Baldwin and Keith Hawkins (1984), Discretionary Justice: Davis Reconsidered; John Braithwaite and Valerie Braithwaite (1995), The Politics of Legalism: Rules Versus Standards in Nursing-Home Regulation; Julia Black (1998), Talking About Regulation. Organizations and Institutional Variety: Jonathan R. Macey (1992), Separated Powers and Positive Political Theory: The Tug of War Over Administrative Agencies; Karen Yeung (1999), Quantifying Regulatory Penalties: Australian Competition Law Penalties in Perspective; Christine Parker (2000), Reinventing Regulation within the Corporation: Compliance -Oriented Regulatory Innovation; Carol A. Heimer (1996), Explaining Variation in the Impact of Law: Organizations, Institutions and Professions; Peter Vincent-Jones (1999), The Regulation of Contractualization in Quasi-Markets for Public Services; Erich Schanze (1995), Hare and Hedgehog Revisited: The Regulation of Markets That Have Escaped Regulated Markets. Accounting for Regulation: David Schneiderman (2001), Constitutional Approaches to Privatization: An Inquiry into the Magnitude of Neo-Liberal Constitutionalism.