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Making Laws That Work: How Laws Fail and How We Can Do Better

Autor David Goddard
en Limba Engleză Paperback – 13 iul 2022
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.
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Specificații

ISBN-13: 9781509955367
ISBN-10: 1509955364
Pagini: 224
Dimensiuni: 156 x 234 x 16 mm
Greutate: 0.32 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Includes checklists of questions to ask, and issues to consider, when designing legislation

Notă biografică

David Goddard is a Judge of the Court of Appeal, New Zealand.

Cuprins

IntroductionPart I - Setting the Scene1. When Legislation Fails2. The Ways in Which Legislation Fails3. Learning from Past Failures4. How Humans (Including Legal Designers!) Actually Make DecisionsPart II - Lessons for Legal Designers 5. Adopting a Structured Approach to Designing New Laws6. What Is the Current Position? 7. What Is the Legislation Aiming to Change?8. Who Are the Audiences for the Legislation?9. What Institutions Will the Legislation Depend on? Do They Have the Capacity to Play Their Role? 10. How Will the Legislation Change Behaviour? How Might That Go Wrong?11. Adaptive Legislation 12. The Implications of New and Emerging Technologies13. Cross-Border Issues14. Attempting Default Settings15. Reducing ComplexityPart III16. Checklist for Law Making17. The Primary Checklist18. Benefits Checklist19. Compliance Checklist20. Institutions ChecklistAppendix 1 Legislation ChecklistAppendix 2 Background Reading for Legal Designers

Recenzii

A fascinating book.