Outsourcing the Law
Subtitle: A Philosophical Perspective on Regulation
Publisher: Elgar Publishing Limited, Edward
Published: 2018
Language: eng
Number of pages: 194
ISBN-13: 9781785365010
Subjects: Contracting out
Description: "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. [The author] analyzes this outsourcing from a philosophical perspective. [This book] analyzes 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."--