Author: Ian Ayres
Publisher: Oxford University Press
Release Date: 1995-02-16
This book transcends current debate on government regulation by lucidly outlining how regulations can be a fruitful combination of persuasion and sanctions. The regulation of business by the United States government is often ineffective despite being more adversarial in tone than in other nations. The authors draw on both empirical studies of regulation from around the world and modern game theory to illustrate innovative solutions to this problem. Their ideas include an argument for the empowerment of private and public interest groups in the regulatory process and a provocative discussion of how the government can support and encourage industry self-regulation.
The UK population is ageing rapidly. While age discrimination laws are seen as having broad potential to address the 'ageing challenge' and achieve instrumental and intrinsic objectives in the context of employment, it is unclear what impact they are having in practice. This monograph addresses two overarching research questions in the employment field: How are UK age discrimination laws operating in practice? How (if at all) could UK age discrimination laws be improved? A reflexive law theoretical standpoint is employed to investigate these issues, applying a mixed methods research design that engages qualitative, quantitative, doctrinal and comparative elements. This book demonstrates the substantial limitations of the Equality Act 2010 (UK) for achieving instrumental and intrinsic objectives. Drawing on qualitative expert interviews, statistical analysis and organisational case studies, it illustrates the failure of age discrimination laws to achieve attitudinal change in the UK, and reveals the limited prevalence of proactive measures to support older workers. Integrating doctrinal analysis, comparative analysis of Finnish law, and the Delphi method, it proposes targeted legal and policy changes to address demographic change, and offers an agenda for reform that may increase the impact of age discrimination laws, and enable them to respond effectively to demographic ageing. Runner up of the 2017 SLS Peter Birks Prize for Outstanding Legal Scholarship!
Author: Roger Brownsword
Publisher: Edward Elgar Publishing
Release Date: 2017-09-29
Genre: Business ethics
Contract and Regulation: A Handbook on New Methods of Law Making in Private Law sheds light on the darker side of contracts. It begins by exploring the ‘regulatory space’ in which projects are planned, deals are done, and goods and services are consumed, then shows how a ‘bottom-up’ approach can be adopted in order to view this transactional space through the eyes of contractors. The expert contributors explore modes of governance that do not fit nicely into traditional contract theory, paying special attention to three key examples: governance and codes of conduction, networks and relations, compliance and use.
Author: Steven J. Balla
Publisher: OUP Oxford
Release Date: 2015-03-26
Genre: Political Science
This Handbook brings together a collection of leading international authors to reflect on the influence of central contributions, or classics, that have shaped the development of the field of public policy and administration. The Handbook reflects on a wide range of key contributions to the field, selected on the basis of their international and wider disciplinary impact. Focusing on classics that contributed significantly to the field over the second half of the 20th century, it offers insights into works that have explored aspects of the policy process, of particular features of bureaucracy, and of administrative and policy reforms. Each classic is discussed by a leading international scholars. They offer unique insights into the ways in which individual classics have been received in scholarly debates and disciplines, how classics have shaped evolving research agendas, and how the individual classics continue to shape contemporary scholarly debates. In doing so, this volume offers a novel approach towards considering the various central contributions to the field. The Handbook offers students of public policy and administration state-of-the-art insights into the enduring impact of key contributions to the field.
Author: R A Duff
Publisher: OUP Oxford
Release Date: 2014-12-04
The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The fourth book in the series examines the political morality of the criminal law, exploring general principles and theories of criminalization. Chapters provide accounts of the criminal law in the light of ambitious theories about moral and political philosophy - republicanism and contractarianism, or reflect upon on the success of important theories of criminalization by viewing them in a novel light. Ideas that are fundamental to any complete theory of the criminal law - liberty, harm, and the effect on victims - are investigated in depth. Sociological investigation of the criminal law grounds a critical investigation into the principles of criminalization, both as a legislative matter, and with respect to criminalization practices, in contemporary and historical contexts. The volume broadens our conceptions of the theory of criminalization, and clarifies the role of the series in the development of this theory. It is essential reading for all interested in legal, political, and social theories of criminalization.
This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public). Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation - its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement.
Author: Peter John
Release Date: 2011-03-02
Genre: Political Science
Many tools are on offer to politicians and other policy-makers when they seek to change policy outcomes. Often they choose to concentrate on one set of tools, but fail to see the costs as well as the benefits – and may not consider the available evidence regarding their effectiveness. This innovative new textbook clearly sets out the main tools of government, and provides an analysis of their efficacy when applied to public problems. Each chapter examines the relative benefits and costs of using a key tool that is available to improve policy outcomes, drawing on a diverse literature, a large number of empirical studies and a range of contexts. Areas covered include: governments and policy outcomes law and regulation public spending and taxation bureaucracy and public management institutions information, persuasion and deliberation networks and governance. Offering a clear and comprehensive evaluation, and highlighting the set of powerful tools commonly available, this text encourages students to consider the most effective combination in order to manage key issues successfully. Including a useful glossary of key terms, this book will be of great interest to all students of public policy, administration and management.
Author: Tom R. Tyler
Publisher: Russell Sage Foundation
Release Date: 2002-10-10
Public opinion polls suggest that American's trust in the police and courts is declining. The same polls also reveal a disturbing racial divide, with minorities expressing greater levels of distrust than whites. Practices such as racial profiling, zero-tolerance and three-strikes laws, the use of excessive force, and harsh punishments for minor drug crimes all contribute to perceptions of injustice. In Trust in the Law, psychologists Tom R. Tyler and Yuen J. Huo present a compelling argument that effective law enforcement requires the active engagement and participation of the communities it serves, and argue for a cooperative approach to law enforcement that appeals to people's sense of fair play, even if the outcomes are not always those with which they agree. Based on a wide-ranging survey of citizens who had recent contact with the police or courts in Oakland and Los Angeles, Trust in the Law examines the sources of people's favorable and unfavorable reactions to their encounters with legal authorities. Tyler and Huo address the issue from a variety of angles: the psychology of decision acceptance, the importance of individual personal experiences, and the role of ethnic group identification. They find that people react primarily to whether or not they are treated with dignity and respect, and the degree to which they feel they have been treated fairly helps to shape their acceptance of the legal process. Their findings show significantly less willingness on the part of minority group members who feel they have been treated unfairly to trust the motives to subsequent legal decisions of law enforcement authorities. Since most people in the study generalize from their personal experiences with individual police officers and judges, Tyler and Huo suggest that gaining maximum cooperation and consent of the public depends upon fair and transparent decision-making and treatment on the part of law enforcement officers. Tyler and Huo conclude that the best way to encourage compliance with the law is for legal authorities to implement programs that foster a sense of personal involvement and responsibility. For example, community policing programs, in which the local population is actively engaged in monitoring its own neighborhood, have been shown to be an effective tool in improving police-community relationships. Cooperation between legal authorities and community members is a much discussed but often elusive goal. Trust in the Law shows that legal authorities can behave in ways that encourage the voluntary acceptance of their directives, while also building trust and confidence in the overall legitimacy of the police and courts. A Volume in the Russell Sage Foundation Series on Trust
Author: The Hertie School of Governance
Publisher: OUP Oxford
Release Date: 2014-03-13
Genre: Political Science
Democratic governance faces unprecedented challenges across the OECD world and beyond. Enormous strains will be placed on states' resources and their governing capacities to deal with the combined effects of the financial crisis, climate change, and demographic change. The basic foundations of established 'statehood' will be tested. At the same time, the architecture of the state has fundamentally changed over the past three decades. The Governance Report 2014 questions whether governments still have the capacities to respond. The Report develops a framework to explore the administrative capacities of the public sector in OECD countries, analyses how these capacities have been used to develop innovative policy approaches to key governance challenges, and explores governance innovations to enhance governance capacities. In addition, the Report presents a dashboard of indicators that assess administrative capacities from multiple perspectives. The Governance Report 2014 advances the debate on the problem-solving capacity of the modern state in the light of ongoing and future challenges.