The Timing of Lawmaking (Hardcover)

Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book reconsiders older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future? This unique resource draws on examples from administrative law, banking law, budget law, constitutional law, criminal law, environmental law, inheritance law, national security law, tax law, and tort law, and will be of interest to academics studying law, political science and economics, as well as to policymakers, legislators, and judges. Contributors include: E. Alston, F. Fagan, D.A. Farber, J.E. Gersen, T. Ginsburg, D. Kamin, S. Levmore, A. Niblett, M.C. Nussbaum, E.A. Posner, J.M. Ramseyer, A.M. Samaha, D. Shaviro, J. Suk

General

Imprint:	Edward Elgar Publishing Ltd
Country of origin:	United Kingdom
Release date:	March 2017
Editors:	Frank Fagan • Saul Levmore
Dimensions:	234 x 156mm (L x W)
Format:	Hardcover
Pages:	368
ISBN-13:	978-1-78536-432-7
Categories:	Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law Books > Law > Laws of other jurisdictions & general law > Courts & procedure > General Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General
LSN:	1-78536-432-4
Barcode:	9781785364327

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Review This Product

TIMING IS EVERYTHING…

Thu, 1 Jun 2017 | Review by: Phillip T.

TIMING IS EVERYTHING… AND, YES, THIS IS A “TERRIFIC TOPIC FOR A BOOK” FROM EDWARD ELGAR PUBLISHING IN 2017 An appreciation by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE of “The Barrister” Cass R Sunstein writes “what a terrific topic for a book” on legal deadlines and all the surrounding issues of “timing” and this is no over-statement. The reason is simple for practitioners and scholars alike, because how many times have you heard the phrase “timing is everything”. Rather too many, we suspect… and it can be fatal in the courtroom as a case unravels and “timings” can catch out even the best advocates. So, for lawyers and, certainly, actors (and possibly politicians during elections and in the Commons) this statement is possibly a bit of a truism today. We live in the world of “real time” now where delay can be expensive and/or destroy one’s case because of some circumstance which occurs. And with the advent of so many new technologies, including digitisation, which affects the way we conduct business or view criminal liability, the fourth industrial revolution is upon us and many are completely unprepared for the changes we face. And for scholars of jurisprudence and legal reasoning, the “pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing” as the editors and the 12 contributors rightly acknowledge. Do start the book by reading Eric A Posner’s introduction where he says that “lawmaking bears a complex relationship with time”. It certainly does and is underestimated on so many occasions by unsuspecting and often vulnerable clients who can fall victim to a “time clause” which becomes fundamental to any arrangement, agreement or decision. It’s rightly described as a “compelling study” which looks at “the diverse interactions between law and time”, and it provides the lawyer with “important perspectives” on what the contributors describe as the “law's architecture” (its structure and its implications) can be understood through the medium of time. The writers review older work on what they call “legal transitions” and the work breaks new ground on timing rules. It offers suggestions with respect to how judges, legislators and regulators can use time as a tool when devising new rules. We think “The Timing of Lawmaking”, edited by Frank Fagan and Saul Levmore, is summed up by going “directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future?” It performs that task extremely well indeed for the reader. Without doubt, this text has been rightly described as a “unique resource draws on examples from administrative law, banking law, budget law, constitutional law, criminal law, environmental law, inheritance law, national security law, tax law, and tort law, and will be of interest to academics studying law, political science and economics, as well as to policymakers, legislators and judges”. And that is why we feel it is of great benefit to modern day practitioners and legal thinkers at a time of such urgent change which many of us have not paid sufficient attention to. As Sunstein says, “the timing is right… read it now!” This title was published in 2017 by Elgar and it is available as a book, online and as an ebook.

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