- Introduction and Guide for the Reader
- Notes on the Contributors
- Equity Property and Obligation
- The Nature and Functions of the State
- Review of Executive Action
- Judicial Review of Legislation
- Criminal law
- Criminology Crime's Changing Boundaries
- The International Legal Order
- Human Rights
- The European Union: Discipline Building Meets Polity Building
- Complex Polities
- The Welfare State
- Health: The Health Care System, Therapeutic Relationships, and Public Health
- Global Development and Impoverishment
- International Business and Commerce
- Intellectual Property
- The Media
- Abortion and Reproductive Rights
- The Environment
- Legislation and Rule-Making
- Civil Processes
- Criminal Process
- Lawyers and Legal Services
- International Legal Sanction Processes
- A Transnational Concept of Law
- Historical Research in Law
- Empirical Research in Law
- Legal Education
- The Role of Academics in the Legal System
- A Century of Legal Studies
- Law as an Autonomous Discipline
Abstract and Keywords
This article first lays out a short history of regulation conceived in this broad way. It then considers whether ours is a society that regulates more because it has become a ‘risk society’. Next it uses Gunther Teubner's model of the ‘regulatory trilemma’ and a consideration of the key regulatory mechanisms to review the literature on the finer grain of how regulation works. Finally it returns to the pluralization of regulation as a crucial dynamic in creating spaces where ‘democratic experimentalism’ is emerging as a possibility.
Christine Parker is a Senior Lecturer in the Law Faculty, University of Melbourne, Australia, where she teaches legal ethics and corporate law and regulation. Parker researches and writes on the relationship between legal regulation and self-regulation in the normative context of deliberative democracy. Her first book, Just Lawyers (Oxford University Press, 1999), evaluated the regulatory and self-regulatory regimes governing the legal profession. The Open Corporation: Effective Self-Regulation and Democracy (Cambridge University Press, 2002) examines corporate regulatory compliance systems and the ‘meta-regulation’ of corporate self-regulation. Parker also speaks and consults widely on regulatory compliance for industry and the public sector.
John Braithwaite is a Professor in the Law Program, Research School of Social Sciences, Australian National University and Chair of the Regulatory Institutions Network (RegNet). His most recent books are Global Business Regulation (Cambridge University Press, 2000), Information Feudalism (Earthscan Publications, 2002) (both with Peter Drahos), Shame Management through Reintegration (Cambridge University Press, 2001) (with Eliza Ahmed, Nathan Harris, and Valerie Braithwaite), and Restorative Justice and Responsive Regulation (Oxford University Press, 2002).
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