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Greed, Chaos, and Governance: Using Public Choice to Improve Public Law download epub

by Jerry L. Mashaw


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governance outside of public choice method, little more than rampant pessimism or fragmented lessons about the administrative state can be taken.

Public choice theory should be taken seriously - but not too seriously. In this thought-provoking book, Jerry Mashaw stakes out a middle ground between those who champion public choice theory (the application of the conventional methodology of economics to political science matters, also known as rational choice theory) and those who disparage it. He argues that in many cases public choice theory's reach has exceeded its grasp. In others, public choice insights have not been pursued far enough by those who are concerned with the operation and improvement of legal institutions.

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This work applies public choice theory to perennial questions of constitutional law, legislative interpretation, and administrative law. It argues that in many cases public choice theory's reach has exceeded its grasp, but in others public choice insights have not been pursued far enough.

Greed, Chaos and Governance: Using Public Choice to Improve Public Law, (Yale University Press, 1997). True Security: Rethinking American Social Insurance, (with . Graetz) Yale University Press (1999).

The Author also grants the Publisher a royalty-free worldwide nonexclusive license to publish, reproduce, display, distribute, archive, and use the Article in any form, either separately or as part of a collective work, including but not limited to a nonexclusive license to publish the Article in a. .

The Author also grants the Publisher a royalty-free worldwide nonexclusive license to publish, reproduce, display, distribute, archive, and use the Article in any form, either separately or as part of a collective work, including but not limited to a nonexclusive license to publish the Article in an issue of the Journal, copy and distribute individual reprints of the Article, authorize reproduction of.

Yale University Press, 1997.

Please take this quick survey to tell us about what happens after you publish a paper. Friedrich, C. (1972). Philosophical reflections of Leibniz on laws, politics, and the state. Frankfurt (E., Leibniz: A collection of critical essays. New York: Doubleday Anchor. October 1998, Volume 97, Issue 1–2, pp 200–204 Cite as. Jerry L. Mashaw, Greed, chaos, and governance: Using public choice to improve public law. New Haven: Yale University Press, 1997. Authors and affiliations.

Greed, Chaos, and Governance: Using Public Choice to Improve Public Law. Mashaw.

Greed, chaos, and governance. using public choice to improve public law. by Jerry L. An elaboration and extension of themes developed in the Rosenthal Lectures at Northwestern University Law School"-P. Published 1997 by Yale University Press in New Haven.

Jerry L. Mashaw, Sterling Professor of Law at Yale Law School, teaches courses on administrative law, social welfare . Mashaw, Sterling Professor of Law at Yale Law School, teaches courses on administrative law, social welfare policy, regulation, legislation, and the design of public institutions. He is a frequent contributor to legal and public policy journals, newspapers, and news magazines. Professor Mashaw is a founding member and past President of the National Academy of Social Insurance.

Public choice theory should be taken seriously―but not too seriously. In this thought-provoking book, Jerry Mashaw stakes out a middle ground between those who champion public choice theory (the application of the conventional methodology of economics to political science matters, also known as rational choice theory) and those who disparage it. He argues that in many cases public choice theory's reach has exceeded its grasp. In others, public choice insights have not been pursued far enough by those who are concerned with the operation and improvement of legal institutions. While Mashaw addresses perennial questions of constitutional law, legislative interpretation, administrative law, and the design of public institutions, he arrives at innovative conclusions. Countering the positions of key public choice theorists, Mashaw finds public choice approaches virtually useless as an aid to the interpretation of statutes, and he finds public choice arguments against delegating political decisions to administrators incoherent. But, using the tools of public choice analysts, he reverses the lawyers' conventional wisdom by arguing that substantive rationality review is not only legitimate but a lesser invasion of legislative prerogatives than much judicial interpretation of statutes. And, criticizing three decades of "law reform," Mashaw contends that pre-enforcement judicial review of agency rules has seriously undermined both governmental capacity and the rule of law.
Greed, Chaos, and Governance: Using Public Choice to Improve Public Law download epub
Legal Theory & Systems
Author: Jerry L. Mashaw
ISBN: 0300078706
Category: Law
Subcategory: Legal Theory & Systems
Language: English
Publisher: Yale University Press (January 11, 1999)
Pages: 241 pages