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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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Pauline Westerman

This book has gradually evolved over the past ten years and originally took the form of articles or contributions to books. It was never my intention to put them together in a monograph until one of my colleagues, Jaap Hage, remarked that my publications were scattered, difficult to find and above all marked by inconsistencies both in language and in content. Although I did not feel particularly attracted to the idea of covering old ground again, I started to take a look at my publications and discovered that there was considerable terrain that was not yet explored. This book, therefore, although it partly builds on earlier publications, should be read as the new and more or less consistent whole that is intended.

I want to thank my stimulating and loyal colleagues Jaap Hage and Anne Ruth Mackor who commented on earlier publications. My husband Paul de Laat read and commented upon the final version of this book and did many other things to provide me with the necessary research time. My son Floris prepared the figures. In the final stage of preparing the manuscript I was supported by Mark Rogers who cheerfully corrected language and footnotes.

Last but certainly not least, I would like to express my gratitude to the students and members of staff of the Academy for Legislation at The Hague, in particular its former rector Peter van Lochem, without whom I would never have been able to get a glimpse at legislative practice in everyday life. I have tried to fit their experiences and stories into the philosophical framework in which I was educated. I am aware that the combination might at times feel hybrid like, if not downright speculative, for which obviously the responsibility is entirely mine.