Restraining the Hand of Law: A Conceptual Framework to Shrink the Size of Law

37 Pages Posted: 23 Sep 2014

See all articles by Bryan H. Druzin

Bryan H. Druzin

Chinese University of Hong Kong (CUHK), Faculty of Law

Date Written: Winter 2014

Abstract

There is a fierce ideological struggle between two warring camps: those who rally against expansive government and those who support it. Clearly, the correct balance must be struck between the extremes of legislative over-invasiveness and the frightening total absence of legal structure. This paper articulates a framework that allows for legislative parsimony — a way to scale back state law in a way that avoids lurching to unnecessary extremes. I assume the libertarian premise that law should strive to encroach as minimally as possible upon social order, yet I argue that we must do this in a highly selective fashion, employing a range of legislative techniques. I call this approach legislative minimalism. The strength of legislative minimalism is its pragmatic flexibility: different situations will allow for different degrees of minimalism. The paper creates a taxonomy of legislative strategies, outlining five distinct strategies. This taxonomy provides a conceptual foundation to help guide policymakers faced with the question of how best to legislate — or more accurately, how much to legislate.

Keywords: regulation, public policy, minimalism

Suggested Citation

Druzin, Bryan H., Restraining the Hand of Law: A Conceptual Framework to Shrink the Size of Law (Winter 2014). Available at SSRN: https://ssrn.com/abstract=2499286 or http://dx.doi.org/10.2139/ssrn.2499286

Bryan H. Druzin (Contact Author)

Chinese University of Hong Kong (CUHK), Faculty of Law ( email )

Shatin, NT
Hong Kong
+852 3943 1044 (Phone)

HOME PAGE: http://www.law.cuhk.edu.hk/people/druzin-bryan.php

Register to save articles to
your library

Register

Paper statistics

Downloads
23
Abstract Views
225
PlumX Metrics