Type Of Legal Regulation Research Articles

ПРАВОВОЕ РЕГУЛИРОВАНИЕ ВИДОВ ОБЩЕСТВЕННОГО КОНТРОЛЯ В РОССИЙСКОЙ ФЕДЕРАЦИИ

ПРАВОВОЕ РЕГУЛИРОВАНИЕ ВИДОВ ОБЩЕСТВЕННОГО КОНТРОЛЯ В РОССИЙСКОЙ ФЕДЕРАЦИИ

The Janus Model of Legal Regulation: Changes in the Political Status of Justice*

Based on a social science perspective that gives priority to the political dimension of law and justice, this paper analyses three orientations of justice: as part of a rationalization process; as part of a democratization movement; and as part of a process of neoliberalization. From the analysis of these three types of legal regulation, two distinct forms of legal and judicial status may be identified in relation to the political: in the first, the legal-judicial is a central element in political regulation, while in the second it is instrumentalized by the political. The conclusion suggests that the existence of this Janus model of legal-judicial regulation points to a crisis in the political sphere.

Public regulation of private accident risk: The moral hazard of technological improvements

This paper discusses individual agents' incentives to take precautions to prevent accidents when the prevention technology facing the agents is changed due to regulation. It is shown that private prevention activities vary greatly with different attitudes towards risk. This is a great potential problem for the implementation of several types of legal regulation of individuals' precautionary level, like negligence rules. In this case, regulators need to observe the true preferences of the regulated agents to implement the optimal program. One novel feature of the present analysis is that only simple properties of the prevention technology need to be known to identify potential incentive problems, regardless of the underlying preferences.

Abortion law reform and repeal: legislative and judicial developments.

IN the three years from 1967 to 1970, a revolution has occurred in the abortion laws and practices in the United States. That revolution is still in process. Our once highly restrictive antiabortion laws have been reformed in 13 states and virtually repealed in four states. No other country has a statute which explicitly makes abortion a matter for decision by the woman and her physician. Although other countries permit abortion on request of the woman under certain circumstances, the four American states have pioneered in treating abortion, as a matter of law, like any other medical procedure. As a result of recent developments, the United States has become a laboratory in which three different types of legal regulation of abortion can be compared and evaluated. We can also profit from the longer experience of other countries with abortion statutes of varying liberality, although account must be taken of differing family planning programs and systems of delivering health services.