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Greed, Chaos, and Governance

Author: Jerry L. Mashaw

Publisher: Yale University Press

ISBN: 0300078706

Category: Law

Page: 231

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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.
Law and Public Choice
Language: en
Pages: 170
Authors: Daniel A. Farber, Philip P. Frickey
Categories: Law
Type: BOOK - Published: 1991-01-15 - Publisher: University of Chicago Press

In Law and Public Choice, Daniel Farber and Philip Frickey present a remarkably rich and accessible introduction to the driving principles of public choice. In this, the first systematic look at the implications of social choice for legal doctrine, Farber and Frickey carefully review both the empirical and theoretical literature
Greed, Chaos, and Governance
Language: en
Pages: 231
Authors: Jerry L. Mashaw
Categories: Law
Type: BOOK - Published: 1999-01-11 - Publisher: Yale University Press

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
Law and Public Choice
Language: en
Pages: 169
Authors: Daniel A. Farber, Philip P. Frickey
Categories: Law
Type: BOOK - Published: 2010-07-15 - Publisher: University of Chicago Press

In Law and Public Choice, Daniel Farber and Philip Frickey present a remarkably rich and accessible introduction to the driving principles of public choice. In this, the first systematic look at the implications of social choice for legal doctrine, Farber and Frickey carefully review both the empirical and theoretical literature
Property, Power, and Public Choice
Language: en
Pages: 332
Authors: Alfred Allan Schmid, Schmid, Alfred Allan Schmid
Categories: Economics
Type: BOOK - Published: 1987 - Publisher: Greenwood

Books about Property, Power, and Public Choice
Readings in Public Choice and Constitutional Political Economy
Language: en
Pages: 626
Authors: Charles Rowley, Friedrich Schneider
Categories: Political Science
Type: BOOK - Published: 2008-08-09 - Publisher: Springer Science & Business Media

Public choice is the study of behavior at the intersection of economics and political science. Since the pioneering work of Duncan Black in the 1940s, public choice has developed a rich literature, drawing from such related perspectives as history, philosophy, law, and sociology, to analyze political decision making (by citizen-voters,