Regulating Law

Erscheinungsjahr 2004
ISBN: 978-0-19-926407-0
Verlag: OUP Oxford

Buch, Englisch, 328 Seiten, Print PDF, Format (B × H): 161 mm x 240 mm, Gewicht: 652 g

Regulating Law explores how the goals and policies of the new regulatory state are fundamentally reshaping jurisprudence in the domains of public law, private law, and the regulation of work and business. Fourteen areas of the core legal curriculum are reassessed from the standpoint of the impact of regulation on mainstream legal doctrine. The volume examines the collision of regulation by law with regulation by other means and provides an innovative regulatory perspective for the whole of law.

To date, regulatory scholarship has mainly been applied to specific legislative programs and/or agencies for the social and economic regulation of business. In this volume, a cast of internationally renowned legal scholars each apply a 'regulatory perspective' to their own area of law. Their contributions provide a rich analysis of the limits and potential of legal doctrine as an instrument of control both in regulatory settings, and in settings traditionally immune from regulatory analysis. The result is an examination of the regulation of the doctrines of law itself, and of the way in which law regulates other forms of regulation and social ordering- law as subject and object of regulation.

Autoren/Hrsg.

Braithwaite, John

Parker, Christine

Scott, Colin

Lacey, Nicola

Fachgebiete

• Geisteswissenschaften Philosophie Rechtsphilosophie, Rechtsethik
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsphilosophie, Rechtsethik

Inhaltsverzeichnis

- Introduction

- 1: Hugh Collins: Regulating Contract Law

- 2: Julia Black: Law and Regulation: The Case of Finance

- 3: Angus Corbett and Stephen Bottomley: Regulating Corporate Governance

- 4: John Dewar: Regulating Families

- 5: ichard Johnstone and Richard Mitchell: Regulating Work

- 6: Jane Stapleton: Regulating Torts

- 7: Nicola Lacey: Criminalization as Regulation: The Role of Criminal Law

- 8: Peter Drahos: Regulating Property: Problems of Efficiency and Regulatory Capture

- 9: Imelda Maher: Regulating Competition

- 10: Peter Cane: Administrative Law as Regulation

- 11: Colin Scott: Regulating Constitutions

- 12: Hilary Charlesworth and Christine Chinkin: Regulatory Frameworks in International Law

- 13: Stephen Bottomley and Angus Corbett: Regulating Corporate Governance

- Conclusion

Über Autor(innen)

Professor John Braithwaite is at the Law Program in the Research School of Social Sciences at the Australian National University.

Dr Christine Parker is a Senior Lecturer at the Law Faculty of the University of Melbourne.

Professor Nicola Lacey is at the Department of Law of London School of Economics and Political Science.

Colin Scott is at the Law Program in the Research School of Social Sciences at the Australian National University.