The Influence of Legal Systems on Modes of Implementation of Economic Policy

Harmathy, Attila

doi:10.1515/9783110876437-010

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“…In looking into extraneous factors, the research emphasizes the significance of system and sector-specific factors as main determinants of the choice of legal measure. The nature of such factors is varied: they include everything from global politics to methods of microeconomic planning, spanning through types of political ideology, specific characteristics of the policy field, institutional structure, systemic influence, and constitutional provisions (Harmathy 1988). Some specific factors are nevertheless gleaned from the bi-sector, multiple-country data.…”

Section: Opportunitiesmentioning

confidence: 99%

Fuzzy Legality in Regulation: The Legislative Mandate Revisited

Cohn

2001

Law & Policy

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How does law interact with regulatory reality, and why does legislative mandate, which presumably stands at the apex of a regulatory package, often deviate from its ideal‐type as exclusive organizer of action? These questions are treated in this article through the concept of “fuzzy legality,” which serves as a common title for six different legal arrangements that stray from the ideal‐type legislative mandate, while enabling “perfectly legal” industry behavior. Against the background of potential dangers involved in such practices, the article traces the politics of preference for fuzziness both by regulators and regulatees. It reassesses calls for responsive and reflexive law as a cure for the regulatory malaise: these may have been voiced due to existing overly rigid regulatory frameworks, rather than the intrinsic flaw of legal constructs.

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Section: Opportunitiesmentioning

confidence: 99%

Fuzzy Legality in Regulation: The Legislative Mandate Revisited

Cohn

2001

Law & Policy

View full text Add to dashboard Cite

show abstract

The Influence of Legal Systems on Modes of Implementation of Economic Policy

Cited by 1 publication

References 0 publications

Fuzzy Legality in Regulation: The Legislative Mandate Revisited

Fuzzy Legality in Regulation: The Legislative Mandate Revisited

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