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Outsourcing the Law
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Outsourcing the Law

A Philosophical Perspective on Regulation

9781785365010 Edward Elgar Publishing
Pauline Westerman, Professor in Philosophy of Law, Faculty of Law, University of Groningen and Member of Staff, Academy for Legislation, the Hague, the Netherlands. Elected as Member of the Royal Dutch Academy of Sciences in 2010
Publication Date: 2018 ISBN: 978 1 78536 501 0 Extent: 208 pp
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. In this timely book, Pauline Westerman analyses this outsourcing from a philosophical perspective.

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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.


Critical Acclaim
‘Westerman’s book shines a bright light on what is otherwise a rather unilluminated area of legisprudence. It identifies outsourced law as a new paradigm of legislation and effectively analyses what this means for our traditional notions of what “legislation” means, and what legislation is meant to do. It also throws up some challenging questions about the effectiveness, and even the legitimacy of outsourced law.’
– Ronan Cormacain, Theory and Practice of Legislation

‘Westerman’s Outsourcing the Law: A Philosophical Perspective on Regulation is a must read book for all those who are interested in the world of regulation! Clearly written, it tackles fundamental regulatory issues combining a highly pedagogical approach with a deep insight and understanding of extremely complicated and basic questions.’
– Mauro Zamboni, Stockholm University, Sweden
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

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 78536 502 7
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