Regulating Law
Christine Parker, Colin Scott, Nicola Lacey, and John Braithwaite
Abstract
This book 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. This book 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 programmes and/or agencies ... More
This book 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. This book 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 programmes 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. These chapters 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.
Keywords:
regulatory state,
jurisprudence,
public law,
private law,
regulation,
legal curriculum,
work,
business,
regulatory perspective,
legal doctrine
Bibliographic Information
| Print publication date: 2004 |
Print ISBN-13: 9780199264070 |
| Published to Oxford Scholarship Online: March 2012 |
DOI:10.1093/acprof:oso/9780199264070.001.0001 |
Authors
Affiliations are at time of print publication.
Christine Parker, editor
Senior Lecturer, Law Faculty, University of Melbourne
Colin Scott, editor
Law Program, Research School of Social Sciences, Australian National University
Nicola Lacey, editor
Department of Law, London School of Economics and Political Science
John Braithwaite, editor
Law Program, Research School of Social Sciences, Australian National University
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