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Since 1980 there have been fundamental changes in the relationship between the state and industry. With the aid of economic theory, the atuhor critically examines the ways in which public law has been adapted to this task. The book provides a systematic overview of the theory and forms of social and economic regulation. In particular, it explores:
(a) why governments regulate, for which, broadly speaking two theoretical frameworks exist - 'public interest' theories (regulation aims to improve social and economic welfare) and 'economic' theories (regulation aims to satisfy the demands of...

This is a reprint of Anthony Ogus' classic study of regulation, first published in the 1990s. It examines how, since the last decades of the twentieth century, there have been fundamental changes in the relationship between the state and industry. With the aid of economic theory Anthony Ogus critically examines the ways in which public law has been adapted to the task of regulating industrial activity and provides a systematic overview of the theory and forms of social and economic regulation. In particular, he explores the reasons why governments regulate, for which, broadly speaking, two...

The aim of this book is to provide an overview of how economic analysis can enrich an understanding of law and can provide standards for its critical evaluation. It eschews a dogmatic approach, acknowledging that non-economic goals play an important part in the law. It is directed primarily at lawyers and law students, particularly those who hitherto have been sceptical of the uses and value of law and economics. It is not a conventional textbook in the sense that it does not deal systematically with different areas of law. Rather each chapter is built on a particular theme or set of themes,...

Selecting an appropriate balance in the law between autonomy and paternalism is an important and difficult task, requiring a careful consideration of moral, political, and economic values. The contributions in this collection deal with the task at both general and specific levels, locating itself within the broader context of the relationship between law and market forces. Concepts are defined and analyzed, in particular the distinction between the coercive approach of -hard paternalism- in the law and the 'nudge' approach of -soft paternalism.- Attention is then focused on how the tensions...

An authoritative study of attempts to deregulate and roll back the state in Britain from 1979-1997. Compliance cost assessment was the new tool used by the UK government to evaluate the likely impact of legislative proposals on business. The authors analyze the system and, using case studies, evaluate its performance as a technique of economic appraisal and as a way of controlling civil servants. Comparisons are made with the European Fiche d'impact and the American regulatory impact analysis. Given the considerable importance of CCA, and the dearth of literature on it, the book makes a...