Regulation Legal Form and Economic Theory

by Ogus, Anthony I.

• ISBN13: 9781841135304
• ISBN10: 1841135305
• Format: Paperback
• Copyright: 2004-10-01
• Publisher: Hart Publishing

Summary

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 theoretical frameworks exist. First 'public interest' theories determine that regulation should aim to improve social and economic welfare. Second, 'economic' theories suggest that regulation should aim to satisfy the demands of private interests. The book also looks at the evolution of the forms of regulation in Britain, extending to the policies of privatization and deregulation which were so characteristic of the period. The author skilfully evaluates the advantages and disadvantages of the different forms of regulation, particularly in the light of the two theoretical frameworks, but also by involving an analysis of how firms respond to the various kinds of incentives and controls offered by government. A significant feature of the book is its analysis of the choices made by governments between the different forms of regulation and the influence exerted by interest groups (including bureaucrats) and EC law.

Author Biography

Anthony I. Ogus is Professor of Law at the University of Manchester.

Table of Contents

Table of United Kingdom Statutes
Table of Statutory Instruments
Table of European Legislation and Treaties
Table of United Kingdom Cases
Table of Cases from Other Jurisdictions
Introduction	p. 1
The Context of Regulation: The Market and Private Law	p. 15
Public Interest Grounds for Regulation	p. 29
Regulation and the Pursuit of Private Interest	p. 55
Use of the Criminal Law	p. 79
Institutions and Accountability	p. 99
Information Regulation	p. 121
Standards: General	p. 150
Standards: Specific Regulatory Regimes	p. 180
Prior Approval	p. 214
Economic Instruments	p. 245
Private Regulation	p. 257
Public Ownership	p. 265
Price Controls	p. 295
Public Franchise Allocation	p. 318
The Future of Regulation	p. 337
Index of Names	p. 343
Subject Index	p. 350
Table of Contents provided by Blackwell. All Rights Reserved.