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: The concept of law and the new public law scholarship,, Edward L. Tubin; After legal instrumentalism? Strategic models of post-regulatory law, Gunther Teubner; On modes of production of law and social power, Boaventura de Sousa Santos. Legal Theories of State and Market: Constitutions and commitment: the evolution of institutions governing public choice in 17th-century England, Douglass C. North and Barry R. Weingast; Constitutions, property and regulation, P.P. Craig; Public service law: privatizations unexpected offspring, Tony Prosser; The proper scope of government viewed from an ordoliberal perspective: the example of competition policy, Wernhard MÃ¶schel. Regulatory Rules: 'Which arrow'?: rule type and regulatory policy, J.M. Black; Discretionary justice: Davis reconsidered, Robert Baldwin and Keith Hawkins; The politics of legalism: rules versus standards in nursing-home regulation, John Braithwaite and Valerie Braithwaite; Talking about regulation, Julia Black. Organizations and Institutional Variety: Separated powers and positive political theory: the tug of war over administrative agencies, Jonathan R. Macey; Quantifying regulatory penalties: Australian competition law penalties in perspective, Karen Yeung; Reinventing regulation within the corporation: compliance-oriented regulatory innovation, Christine Parker; Explaining variation in the impact of law: organizations, institutions and professions, Carol A. Heimer; The regulation of contractualization in quasi-markets for public services, Peter Vincent-Jones; Hare and hedgehog revisited: the regulation of markets that have escaped regulated markets, Erich Schanze. Accounting for Regulation: Constitutional approaches to privatization: an inquiry into the magnitude of neo-liberal constitutionalism, David Schneiderman; Name index.