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Tony Prosser

Biographic Data

ID4379065
NAMETony Prosser
GIVEN NAMESTony
FAMILY NAMEProsser
SIGNATUREPROSSER T
AFFILIATIONSUniversity of Glasgow
VERIFIEDNo
TOTAL WORKS17
TOTAL CITATIONS31
AUTHOR COUNT17
EDITOR COUNT0
FIRST PUBLICATION YEAR1977
LATEST PUBLICATION YEAR2025
H-INDEX4
  • Law, economy and society: Reflections on the politics of regulation

    Open Access•Tony Prosser•ARTICLE•Journal of Law and Society•2025

    This brief comment draws on Sabine Frerich's paper to discuss the contribution of the Journal to the study of regulation of the economy, especially in the political context of the 1980s and later. It will concentrate on issues of non‐economic values in economic regulation and the role of institutional design, and it will contrast behaviouralist approaches to the study of law and the economy with other approaches emphasising the meaning of social …

  • Contractual provision of public services, commitment, and trust

    Open Access•Tony Prosser•ARTICLE•Journal of Law and Society•2021

    Trust is a central concept in the regulation of public services. Two different models of trust can be distinguished, involving the creation of either substantive credible commitments or institutions to promote more collaborative relations. In this article, the differing implications of these two models are assessed through an examination of failed United Kingdom examples of the use of contracts for the provision of public services: the procuremen…

  • Rail Franchises, Competition and Public Service

    Open Access•Tony Prosser, Luke Butler•ARTICLE•Modern Law Review•2018

    The use of franchises to deliver rail services has raised major problems. Franchises restrict competition in the market, whilst competitive bidding for franchises has met with difficulties, notably in relation to risk transfer and the recent use of short‐term contracts that have not been awarded competitively. Further, franchise agreements are detailed and highly stipulative and do not achieve the flexibility and opportunities for innovation orig…

  • Regulation and Social Solidarity

    Open Access•Tony Prosser•ARTICLE•Journal of Law and Society•2006•Cited by: 10

    Justifications for regulation are commonly based on the identification of market failures. This is however inadequate to account for much regulation, and sees regulation as inherently second best to market allocations. This article argues that, although some regulation will be based on market failure, other justifications can be found in the protection of rights and in the maintenance of social solidarity. Theoretical support for this last ration…

  • Regulatory Contracts and Stakeholder Regulation

    Open Access•Tony Prosser•ARTICLE•Annals of Public and Cooperative…•2005•References: 1

    This paper examines the application of the concept of a regulatory contract in the analysis of UK utilities regulation. It argues that there are serious problems in conceiving of regulatory relations as analogous to contracts, though particular contracts may be a useful tool in the regulatory armoury. This is partly due to problems with principal/agent theory, which has been conceived in different ways by economists and lawyers, and partly due to…

  • Culture and Consumerism: Citizenship, Public Service Broadcasting and the BBC’s Fair Trading Obligations

    Open Access•G Born, Tony Prosser•ARTICLE•Modern Law Review•2001•Cited by: 8

    The authors examine the future of public service broadcasting in the context of current debates about, and commercial pressures on, the BBC. They describe the European Community constraints on public service broadcasting and the need for a clearer definition of such broadcasting, noting that such a definition is not currently provided in UK law. The BBC is also under increasing pressure from fair trading rules derived from competition law, some o…

  • Theorising Utility Regulation

    Open Access•Tony Prosser•ARTICLE•Modern Law Review•1999•Cited by: 4

    This article argues that utility regulation remains a central and enduring feature of modern governance, despite liberalisation and expanded competition. Developments in the United Kingdom, the European Union, the United States, and post-privatisation states demonstrate that regulatory institutions continue to play a decisive role. The author critiques two dominant theoretical models: the bilateral or contractual approach, including capture theor…

  • Understanding the British Constitution

    Open Access•Tony Prosser•ARTICLE•Political Studies•1996•Cited by: 4•References: 3

  • Privatization and Popular Capitalism

    Tony Prosser, Peter Saunders et al.•ARTICLE•Journal of Law and Society•1995

  • The State, Constitutions and Implementing Economic Policy: Privatization and Regulation in the UK, France and the USA

    Open Access•Tony Prosser•ARTICLE•Social & Legal Studies•1995•References: 8

  • Public Service Broadcasting and Deregulation in the UK

    Open Access•Tony Prosser•ARTICLE•European Journal of Communication•1992•Cited by: 2•References: 1

    This article describes the effect of new broadcasting techniques and of deregulatory politics in the UK. It is argued that the national style of regulation was a highly informal one with a limited use of formal law and of the courts, and that the concept of public service broadcasting has been essentially cultural. Informality of regulation has created serious problems of effectiveness and accountability, and has been undermined by the growth in …

  • Constitutions and Political Economy: The Privatisation of Public Enterprises in France and Great Britain

    Open Access•Tony Prosser•ARTICLE•Modern Law Review•1990

  • The Constitution and the New Conservatives

    Cosmo Graham, Tony Prosser•ARTICLE•Parliamentary Affairs•1989•Cited by: 1

    THE CONSTITUTION AND THE NEW CONSERVATIVES Cosmo Graham, Cosmo Graham Search for other works by this author on: Oxford Academic Google Scholar Tony Prosser Tony Prosser Search for other works by this author on: Oxford Academic Google Scholar Parliamentary Affairs, Volume 42, Issue 3, July 1989, Pages 330–349, https://doi.org/10.1093/oxfordjournals.pa.a052202 Published: 01 July 1989

  • Markets, Planning, and Socialism

    Tony Prosser•ARTICLE•Journal of Law and Society•1988

    It now seems accepted almost throughout the Left that socialist principles and the means to achieve them are in urgent need of fundamental rethinking; I hope that this contribution will be part of a much larger continuing debate. The breadth of debate needed is so vast (especially in view of recent political set-backs) that it is difficult to decide the most productive level at which to begin. Is the priority an abstract account of the possible e…

  • Privatising Nationalised Industries: Constitutional Issues And New Legal Techniques

    Open Access•Cosmo Graham, Tony Prosser•ARTICLE•Modern Law Review•1987

  • Towards a Critical Public Law

    Tony Prosser•ARTICLE•Journal of Law and Society•1982•Cited by: 2

    It is perhaps surprising that the growth of sociology of law as a major discipline in Britain over the last fifteen years or so has not produced any developed new approaches to the study of public law which can take the place of traditional legal approaches to the subject.[1] Public law is concerned with the heart of the problems of modern social structure; the relationship between the state and society, and it might appear that, given the diffic…

  • Poverty, Ideology and Legality: Supplementary Benefit Appeal Tribunals and Their Predecessors

    Tony Prosser•ARTICLE•British Journal of Law and Society•1977

  • Regulation and Social Solidarity

    Open Access•Tony Prosser•ARTICLE•Journal of Law and Society•2006•Cited by: 10

    Justifications for regulation are commonly based on the identification of market failures. This is however inadequate to account for much regulation, and sees regulation as inherently second best to market allocations. This article argues that, although some regulation will be based on market failure, other justifications can be found in the protection of rights and in the maintenance of social solidarity. Theoretical support for this last ration…

  • Culture and Consumerism: Citizenship, Public Service Broadcasting and the BBC’s Fair Trading Obligations

    Open Access•G Born, Tony Prosser•ARTICLE•Modern Law Review•2001•Cited by: 8

    The authors examine the future of public service broadcasting in the context of current debates about, and commercial pressures on, the BBC. They describe the European Community constraints on public service broadcasting and the need for a clearer definition of such broadcasting, noting that such a definition is not currently provided in UK law. The BBC is also under increasing pressure from fair trading rules derived from competition law, some o…

  • Theorising Utility Regulation

    Open Access•Tony Prosser•ARTICLE•Modern Law Review•1999•Cited by: 4

    This article argues that utility regulation remains a central and enduring feature of modern governance, despite liberalisation and expanded competition. Developments in the United Kingdom, the European Union, the United States, and post-privatisation states demonstrate that regulatory institutions continue to play a decisive role. The author critiques two dominant theoretical models: the bilateral or contractual approach, including capture theor…

  • Understanding the British Constitution

    Open Access•Tony Prosser•ARTICLE•Political Studies•1996•Cited by: 4•References: 3

  • Public Service Broadcasting and Deregulation in the UK

    Open Access•Tony Prosser•ARTICLE•European Journal of Communication•1992•Cited by: 2•References: 1

    This article describes the effect of new broadcasting techniques and of deregulatory politics in the UK. It is argued that the national style of regulation was a highly informal one with a limited use of formal law and of the courts, and that the concept of public service broadcasting has been essentially cultural. Informality of regulation has created serious problems of effectiveness and accountability, and has been undermined by the growth in …

  • Towards a Critical Public Law

    Tony Prosser•ARTICLE•Journal of Law and Society•1982•Cited by: 2

    It is perhaps surprising that the growth of sociology of law as a major discipline in Britain over the last fifteen years or so has not produced any developed new approaches to the study of public law which can take the place of traditional legal approaches to the subject.[1] Public law is concerned with the heart of the problems of modern social structure; the relationship between the state and society, and it might appear that, given the diffic…

  • The Constitution and the New Conservatives

    Cosmo Graham, Tony Prosser•ARTICLE•Parliamentary Affairs•1989•Cited by: 1

    THE CONSTITUTION AND THE NEW CONSERVATIVES Cosmo Graham, Cosmo Graham Search for other works by this author on: Oxford Academic Google Scholar Tony Prosser Tony Prosser Search for other works by this author on: Oxford Academic Google Scholar Parliamentary Affairs, Volume 42, Issue 3, July 1989, Pages 330–349, https://doi.org/10.1093/oxfordjournals.pa.a052202 Published: 01 July 1989

  • Poverty, Ideology and Legality: Supplementary Benefit Appeal Tribunals and Their Predecessors

    Tony Prosser•ARTICLE•British Journal of Law and Society•1977

  • Towards a Critical Public Law

    Tony Prosser•ARTICLE•Journal of Law and Society•1982•Cited by: 2

    It is perhaps surprising that the growth of sociology of law as a major discipline in Britain over the last fifteen years or so has not produced any developed new approaches to the study of public law which can take the place of traditional legal approaches to the subject.[1] Public law is concerned with the heart of the problems of modern social structure; the relationship between the state and society, and it might appear that, given the diffic…

  • Privatising Nationalised Industries: Constitutional Issues And New Legal Techniques

    Open Access•Cosmo Graham, Tony Prosser•ARTICLE•Modern Law Review•1987

  • Markets, Planning, and Socialism

    Tony Prosser•ARTICLE•Journal of Law and Society•1988

    It now seems accepted almost throughout the Left that socialist principles and the means to achieve them are in urgent need of fundamental rethinking; I hope that this contribution will be part of a much larger continuing debate. The breadth of debate needed is so vast (especially in view of recent political set-backs) that it is difficult to decide the most productive level at which to begin. Is the priority an abstract account of the possible e…

  • The Constitution and the New Conservatives

    Cosmo Graham, Tony Prosser•ARTICLE•Parliamentary Affairs•1989•Cited by: 1

    THE CONSTITUTION AND THE NEW CONSERVATIVES Cosmo Graham, Cosmo Graham Search for other works by this author on: Oxford Academic Google Scholar Tony Prosser Tony Prosser Search for other works by this author on: Oxford Academic Google Scholar Parliamentary Affairs, Volume 42, Issue 3, July 1989, Pages 330–349, https://doi.org/10.1093/oxfordjournals.pa.a052202 Published: 01 July 1989

  • Constitutions and Political Economy: The Privatisation of Public Enterprises in France and Great Britain

    Open Access•Tony Prosser•ARTICLE•Modern Law Review•1990

  • Public Service Broadcasting and Deregulation in the UK

    Open Access•Tony Prosser•ARTICLE•European Journal of Communication•1992•Cited by: 2•References: 1

    This article describes the effect of new broadcasting techniques and of deregulatory politics in the UK. It is argued that the national style of regulation was a highly informal one with a limited use of formal law and of the courts, and that the concept of public service broadcasting has been essentially cultural. Informality of regulation has created serious problems of effectiveness and accountability, and has been undermined by the growth in …

  • Privatization and Popular Capitalism

    Tony Prosser, Peter Saunders et al.•ARTICLE•Journal of Law and Society•1995

  • The State, Constitutions and Implementing Economic Policy: Privatization and Regulation in the UK, France and the USA

    Open Access•Tony Prosser•ARTICLE•Social & Legal Studies•1995•References: 8

  • Understanding the British Constitution

    Open Access•Tony Prosser•ARTICLE•Political Studies•1996•Cited by: 4•References: 3

  • Theorising Utility Regulation

    Open Access•Tony Prosser•ARTICLE•Modern Law Review•1999•Cited by: 4

    This article argues that utility regulation remains a central and enduring feature of modern governance, despite liberalisation and expanded competition. Developments in the United Kingdom, the European Union, the United States, and post-privatisation states demonstrate that regulatory institutions continue to play a decisive role. The author critiques two dominant theoretical models: the bilateral or contractual approach, including capture theor…

  • Culture and Consumerism: Citizenship, Public Service Broadcasting and the BBC’s Fair Trading Obligations

    Open Access•G Born, Tony Prosser•ARTICLE•Modern Law Review•2001•Cited by: 8

    The authors examine the future of public service broadcasting in the context of current debates about, and commercial pressures on, the BBC. They describe the European Community constraints on public service broadcasting and the need for a clearer definition of such broadcasting, noting that such a definition is not currently provided in UK law. The BBC is also under increasing pressure from fair trading rules derived from competition law, some o…

  • Regulatory Contracts and Stakeholder Regulation

    Open Access•Tony Prosser•ARTICLE•Annals of Public and Cooperative…•2005•References: 1

    This paper examines the application of the concept of a regulatory contract in the analysis of UK utilities regulation. It argues that there are serious problems in conceiving of regulatory relations as analogous to contracts, though particular contracts may be a useful tool in the regulatory armoury. This is partly due to problems with principal/agent theory, which has been conceived in different ways by economists and lawyers, and partly due to…

  • Regulation and Social Solidarity

    Open Access•Tony Prosser•ARTICLE•Journal of Law and Society•2006•Cited by: 10

    Justifications for regulation are commonly based on the identification of market failures. This is however inadequate to account for much regulation, and sees regulation as inherently second best to market allocations. This article argues that, although some regulation will be based on market failure, other justifications can be found in the protection of rights and in the maintenance of social solidarity. Theoretical support for this last ration…

  • Rail Franchises, Competition and Public Service

    Open Access•Tony Prosser, Luke Butler•ARTICLE•Modern Law Review•2018

    The use of franchises to deliver rail services has raised major problems. Franchises restrict competition in the market, whilst competitive bidding for franchises has met with difficulties, notably in relation to risk transfer and the recent use of short‐term contracts that have not been awarded competitively. Further, franchise agreements are detailed and highly stipulative and do not achieve the flexibility and opportunities for innovation orig…

  • Contractual provision of public services, commitment, and trust

    Open Access•Tony Prosser•ARTICLE•Journal of Law and Society•2021

    Trust is a central concept in the regulation of public services. Two different models of trust can be distinguished, involving the creation of either substantive credible commitments or institutions to promote more collaborative relations. In this article, the differing implications of these two models are assessed through an examination of failed United Kingdom examples of the use of contracts for the provision of public services: the procuremen…

  • Law, economy and society: Reflections on the politics of regulation

    Open Access•Tony Prosser•ARTICLE•Journal of Law and Society•2025

    This brief comment draws on Sabine Frerich's paper to discuss the contribution of the Journal to the study of regulation of the economy, especially in the political context of the 1980s and later. It will concentrate on issues of non‐economic values in economic regulation and the role of institutional design, and it will contrast behaviouralist approaches to the study of law and the economy with other approaches emphasising the meaning of social …

Political science (16 works) · Law (14 works) · Sociology (10 works) · Law (9 works) · Economics (8 works) · Politics (8 works) · Law and economics (7 works) · Business (6 works) · Computer Science (4 works) · Marketing (4 works)

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