Outsourcing the law : a philosophical perspective on regulation / Pauline Westerman, University of Groningen and Academy for Legislation, The Hague, the Netherlands.

Format:

Book

Author/Creator:

Westerman, Pauline, author.

Contributor:

Edward Elgar Publishing, publisher.

Language:

English

Subjects (All):

Law--Economic aspects.

Law.

Physical Description:

1 online resource (208 pages)

Place of Publication:

Northampton, MA : Edward Elgar Pub., Inc., 2018.

Summary:

Not only can services such as cleaning and catering be outsourced, but also governmental tasks such as making, applying and enforcing the law. Outsourcing the law is usually recommended for its cost-efficiency, flexibility, higher rates of compliance and its promise of deregulation. However, lawmaking is not the same as cleaning and rules are more than just tools to achieve aims. Outsourcing the law brings about profound changes in the way power is distributed. In this timely book, Pauline Westerman analyses this outsourcing from a philosophical perspective. Outsourcing the Law analyses the particular types of rules to which outsourcing gives rise (performance-indicators), as well as the techniques that are used (benchmarking, auditing) and identifies the key implications of these shifts for democracy, the Rule of Law, judicial decision-making and even for how legal research is carried out. The analyses in this book will be a valuable read for legal academics and professionals, students of law and all those with a keen interest in the relationship between law and regulation.

Contents:

Contents: Preface

1. Introduction

2. The structure of the rules

3. Between compliance and performance

4. Commissioned self-regulation

5. Outsourcing democracy

6. The limited role of the judiciary

7. Legal research and the empirical turn

8. A rule of outsourced law

9. A contagious style

Index.

Notes:

Includes index.

Description based on print version record.

ISBN:

1-78536-502-9