Regulating Law

Abstract

This book explores how the goals and policies of the new regulatory state are fundamentally reshaping jurisprudence in the domains of public law, private law, and the regulation of work and business. Fourteen areas of the core legal curriculum are reassessed from the standpoint of the impact of regulation on mainstream legal doctrine. This book examines the collision of regulation by law with regulation by other means and provides an innovative regulatory perspective for the whole of law. To date, regulatory scholarship has mainly been applied to specific legislative programmes 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. These chapters provide a rich analysis of the limits and potential of legal doctrine as an instrument of control both in regulatory settings, and in settings traditionally immune from regulatory analysis. The result is an examination of the regulation of the doctrines of law itself, and of the way in which law regulates other forms of regulation and social ordering - law as subject and object of regulation.