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Outsourcing the Law

A Philosophical Perspective on Regulation

Pauline Westerman

Not only can services such as cleaning and catering be outsourced, but also governmental tasks such as making, applying and enforcing the law. Outsourcing the law is usually recommended for its cost-efficiency, flexibility, higher rates of compliance and its promise of deregulation. However, lawmaking is not the same as cleaning and rules are more than just tools to achieve aims. In this timely book, Pauline Westerman analyses this outsourcing from a philosophical perspective.
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Chapter 9: A contagious style

Pauline Westerman


Chapter 9 concludes with a description of outsourced law as a particular style of regulation which is captured under the headings of instrumentalisation, externalisation, and differentiation, tendencies that are discernible not only in the kinds of rules which are made, but also in the ways actors regard each other as well as their own activities. Special attention is given here to the techniques and routines (audits, protocols, benchmarks) as bearers and transmitters of this style of regulation. Finally, outsourced legislation is compared and contrasted with Foucault’s ‘discipline’.

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