Rules and Government

Rules and Government

Rules and Government

Rules and Government

Synopsis

Rules affect all areas of governmental and public life, helping to shape policy-making, regulate,and enforce the law, particularly in the environmental and health and safety factors. This book is the first comprehensive study of the use of non-statutory rules in government. When should government be carried out with rules? What are the alternatives to governing with rules, and are they part of 'good' governmental processes? These issues lie at the heart of this book, which focuses on non-statutory rules - such as codes or circulars - their potential and their limitations. It examines how rule-use can be assessed, the success of rule-use and how choices can be made between rules and alternative processes in governmental functions, the design and enforcement of rules, the role of economic analysis in rulemaking, and the particular problems of governing with rules within the European Community. It will appeal to academics, practitioners in regularity sectors and agencies where enforcement is an issue, and civil service and private sector personnel who respond daily to rules and regulations.

Excerpt

Oxford Socio-Legal Studies is already a well-established academic series of original works which examine the relationship of law and society from a variety of disciplinary perspectives. Its first three books appeared with Macmillan in 1979. In the next few years five more volumes were published under the Macmillan imprint before the series moved to Oxford University Press, where it was relaunched with four new research monographs. The University Press has now published a further twenty-two books in the series.

The appearance of three more works --Robert Baldwin Rules and Government,Roger Cotterrell book Law's Community, and Wills, Inheritance and the Family byFinch,Masson,Mason, Haynes, and Wallis -- marks, however, a new beginning for this series. It will now have a wider institutional basis and will extend its range of academic interests. The existing Editorial Board has been enlarged by the addition of three further socio-legal scholars: ProfessorJohn Baldwin, Director of the Institute for Judicial Administration at the University of Birmingham, ProfessorWilliam Felstiner of the University of California at Santa Barbara, and ProfessorSimon Roberts of the London School of Economics. With a newly-appointed International Advisory Board also in place, the series intends to be fully international in character.

A number of the existing Oxford Socio-Legal Studies have addressed governmental regulation in a variety of contexts. Robert Baldwin new book Rules and Government is an important addition to the growing literature that addresses the problem of rules and regulation since its focus is not so much on the implementation of rules (nor, for that matter, on Parliamentary: legislation) as on the idea of rules as a governmental tool, and particularly on the creation of different forms of regulatory regimes employing different forms of rule. The author's purpose is to weigh up the advantages and disadvantages of rules in an effort to encourage their more discerning . . .

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