Regulating Law

To date, regulatory scholarship has mainly been applied to specific legislative programs and/or agencies for the social and economic regulation of business. In this volume, a cast of internationally renowned legal scholars each apply a 'regulatory perspective' to their own area of law. The volume examines the collision of regulation by law with regulation by other means and provides an innovative regulatory perspective for the whole of law.

Professor John Braithwaite is at the Law Program in the Research School of Social Sciences at the Australian National University. Dr. Christine Parker is a Senior Lecturer at the Law Faculty of the University of Melbourne. Professor Nicola Lacey is at the Department of Law of London School of Economics and Political Science. Colin Scott is at the Law Program in the Research School of Social Sciences at the Australian National University.

List of Contributors

ix

Table of Cases

xi

Table of Legislation

xv

Table of Treaties and Conventions

xix

List of Abbreviations

xxi

Introduction

1

(206)

Christine Parker, Colin Scott, Nicola Lacey, and John Braithwaite

1 Regulating Contract Law

13

(20)

Hugh Collins

2 Law and Regulation: The Case of Finance

33

(27)

Julia Black

3 Regulating Corporate Governance

60

(22)

Angus Corbett and Stephen Bottomley

4 Regulating Families

82

(19)

John Dewar

5 Regulating Work

101

(21)

Richard Johnstone and Richard Mitchell

6 Regulating Torts

122

(22)

Jane Stapleton

7 Criminalization as Regulation: The Role of Criminal Law

144

(24)

Nicola Lacey

8 Regulating Property: Problems of Efficiency and Regulatory Capture

168

(19)

Peter Drahos

9 Regulating Competition

187

(20)

Imelda Maher

10 Administrative Law as Regulation

207

(19)

Peter Cane

11 Regulating Constitutions

226

(20)

Colin Scott

12 Regulatory Frameworks in International Law

246

(23)

Hilary Charlesworth and Christine Chinkin

Conclusion

269

(22)

John Braithwaite and Christine Parker

Index

291

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Summary

Author Biography

Table of Contents

Supplemental Materials