Introduction: Governing with Rules
At first glance the world appears to be regulated by a host of different kinds of rule. The park by its by-laws, the city by its codes of practice, and the public corporation by its statute law. A second look, however, dispels the notion that all aspects of life are so tightly governed. Some activities are not covered by rules at all, large areas of action are unregulated, and in many fields the supposedly governing rules are bypassed, or compliance is so lacking that intended results are not achieved. Those engaged in government may proceed by means other than by the application or promulgation of rules. They may act executively or managerially, by means of decisions linked to inquiries, by consultations, mediations or arbitrations, or they may establish a variety of procedures for dealing with issues on a case-by-case basis. In some sectors, constraints on behaviour operate but not in the form of rules -- thus other, perhaps political, cultural, or social systems of controlling, checking, and scrutinizing may take effect. Why different processes or controls are in operation is often not immediately explicable. 'What', one might therefore ask, 'can best be done according to rules?'
This book is concerned with rules as tools of government1 and examines a number of central issues surrounding governmental____________________