Chapter

Using Rules

Julia Black

in Rules and Regulators

Published in print May 1997 | ISBN: 9780198262947
Published online March 2012 | e-ISBN: 9780191682421 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262947.003.0002

Series: Oxford Socio-Legal Studies

Using Rules

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Several potential techniques on how to use rules can be developed to deal with the limitations of rules, based on a theoretical study and interpretation of rules. The strategies may be the use of various types of rules, structuring the condition in which rules are applied or modifying the way rules operate. Although the analysis and proposals in this chapter are not limited to the use of rules in regulating financial services, an analysis suggests that rule makers in financial services have adopted two of the proposed rule use, rule type and interpretive communities development. The analysis also reflects that the reasons for rule use could go beyond addressing rules' limits. Different rule types have been adopted by regulators to achieve various goals, and the issue of how rules should be used has at times been a concern of regulatory policy.

Keywords: rules; regulation; financial services regulation; rule making; regulatory policy

Chapter.  17565 words. 

Subjects: Constitutional and Administrative Law

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