This book examines why laws fail and provides strategies for making laws that work.
Why do some laws fail? And how can we make laws that actually work? This helpful guide, written by a leading jurist, provides answers to these questions and gives practical strategies for law-making. It looks at a range of laws which have failed; the 'damp squibs' that achieve little or nothing in practice; laws that overshoot their policy goals; laws that produce nasty surprises; and laws that backfire, undermining the very goals they were intended to advance.
It goes on to examine some of the reasons why such failures occur, drawing on insights from psychology and economics, including the work of Kahneman and others on how humans develop narratives about the ways in which the world works and make predictions about the future.
It provides strategies to reduce the risk of failure of legislative projects, including adopting a more structured and systematic approach to analysing the likely effects of the legislation; ensuring we identify the limits of our knowledge and the uncertainties of our predictions; and framing laws in a way that enables us to adjust the way they operate as new information becomes available or circumstances change.
Key themes include the importance of the institutions that administer the legislation, of default outcomes, and of the 'stickiness' of those defaults.
The book concludes with helpful checklists of questions to ask and issues to consider, which will be of benefit to anyone involved in designing legislation.
| ISBN: | 9781509955367 |
| Publication date: | 14th July 2022 |
| Author: | David Goddard |
| Publisher: | Hart Publishing an imprint of Bloomsbury Publishing (UK) |
| Format: | Paperback |
| Pagination: | 224 pages |
| Genres: |
Sources of law: legislation Legal systems: courts and procedures Methods, theory and philosophy of law Comparative law Legal profession / practice of law: general |
This book examines why laws fail and provides strategies for making laws that work.
Why do some laws fail? And how can we make laws that actually work? This helpful guide, written by a leading jurist, provides answers to these questions and gives practical strategies for law-making. It looks at a range of laws which have failed; the 'damp squibs' that achieve little or nothing in practice; laws that overshoot their policy goals; laws that produce nasty surprises; and laws that backfire, undermining the very goals they were intended to advance.
It goes on to examine some of the reasons why such failures occur, drawing on insights from psychology and economics, including the work of Kahneman and others on how humans develop narratives about the ways in which the world works and make predictions about the future.
It provides strategies to reduce the risk of failure of legislative projects, including adopting a more structured and systematic approach to analysing the likely effects of the legislation; ensuring we identify the limits of our knowledge and the uncertainties of our predictions; and framing laws in a way that enables us to adjust the way they operate as new information becomes available or circumstances change.
Key themes include the importance of the institutions that administer the legislation, of default outcomes, and of the 'stickiness' of those defaults.
The book concludes with helpful checklists of questions to ask and issues to consider, which will be of benefit to anyone involved in designing legislation.
Making Laws That Work features in the following genres: Sources of law: legislation, Legal systems: courts and procedures, Methods, theory and philosophy of law, Comparative law, Legal profession / practice of law: general
Making Laws That Work is available in Paperback
Making Laws That Work was written by David Goddard and published by Hart Publishing an imprint of Bloomsbury Publishing (UK)
Making Laws That Work has 224 pages
£24.29