'The Public Interest' in Regulation

Mike Feintuck (Professor in Law, University of Hull)

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English

Oxford University Press
01 December 2004

Politics & government; Political science & theory; Political structures: democracy; Central government policies; Jurisprudence & philosophy of law

The concept of 'the public interest' is often used in legal and political discourse, lending an air of legitimacy and respectability to exercises of power. However the term is rarely defined in any meaningful sense. Even where it has the appearance of a term of art in legal or regulatory usage, it may, in reality be no more than an empty vessel, waiting to be filled with whatever values the user wishes. This lack of definition renders the concept vulnerable to capture by interest groups, quite contrary to the collective values that the term seems to imply. This book considers whether these problems with the concept's current usage are inevitable and inherent, or whether it is possible to reinvigorate it.

Feintuck begins by considering a variety of abstract concepts of public interest from the literature of law, political science, and economics. This exploration suggests a close relationship between a meaningful model of public interest and central democratic values such as citizenship. However the dominant models fail to reflect these expectations satisfactorily. Using a series of case-studies of current regulatory activity in Britain and the USA, Feintuck then goes on to explore how the concept is use in practice. Finally, the actual and potential utility of the concept of public interest is evaluated. Feintuck then considers the legal forms in which the public interest might be manifested in order to offer legitimate and effective protection to vulnerable democratic values by the regulation of private power.

By: Mike Feintuck (Professor in Law University of Hull)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 242mm, Width: 163mm, Spine: 22mm
Weight: 588g
ISBN: 9780199269020
ISBN 10: 0199269025
Pages: 296
Publication Date: 01 December 2004
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

List of Abbreviations I: The Analytical Framework 1: How is the Public Interest Determined? 2: Towards a Democratic Vision of the Public Interest II: Case Studies of Public Interest Regulation 3: The Public Interest in Regulatory Practice: the UK 4: The Public Interest in Regulatory Practice: the USA 5: Anglo-American Comparisons III: Synthesis and Conclusions 6: A Coherent Concept of the Public Interest in Regualtion 7: Wider Applications of the Public Interest 8: Summary and Conclusions References Index

Dr Mike Feintuck is Professor of Law at the University of Hull.

Reviews for 'The Public Interest' in Regulation

...a timely exposition of a central issue in regulation..Feintuck..makes a valuable contribution to an important and under-researched subject. Social & Legal Studies