Bringing the Law Back In
The Law-Government Nexus in an Era of Network Governance
Bibliographic Data
| ID | 15748699 |
|---|---|
| Authors | Stavros Zouridis (Tilburg University), Vera Leijtens (0000-0001-5315-4167, Tilburg University, corresponding author) |
| Year | 2020 |
| Volume | 4 |
| Issue | 2 |
| Pages | 118-129 |
| Publication date | 2020-10-20 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Perspectives on Public Management and Governance (JOURNAL) |
| Journal identifiers | ISSN: 2398-4910 • E-ISSN: 2398-4929 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/ppmgov/gvaa022 |
| OpenAlex | W3099404747 |
| Language | EN |
| Citations received | 4 |
| References cited | 35 |
Recently, scholars have claimed that public management theory has too much ignored law. Consequently, the under-legalized conception of public management has produced a flawed understanding of public management theory as well as public management practices, threatening public institutions’ legitimacy. In this article, we argue that law never left public management theory. Rather, the link between government and law has been redefined twice. We refer to the assumptions that constitute this link as the law-government nexus. This nexus changed from lawfulness in a public administration paradigm, to legal instrumentalism in a (new) public management paradigm, and to a networked concept in the public governance (PG) paradigm. In order to prevent a faulty over-legalized conception of public management, bringing the law back in should be built on lessons from the past. This article elaborates on three strategies to reconnect law and public management. We map the strengths and weaknesses of each law-government nexus and illustrate these with the case of the Dutch tax agency. In our strategies that aim to reconceptualize the current law-government nexus, we incorporate the benefits of each paradigm for public management theory. The revised law-governance nexus enables the PG paradigm to correspond to contemporary issues without encountering old pathologies
Administrative law · Corporate governance · Economics · Government (linguistics · Instrumentalism · Law and economics · Management · New public management · Nexus (standard · Political science · Public law · Public sector · Sociology · Engineering · Ombudsman and Human Rights · Public Policy and Administration Research · Regulation and Compliance Studies · Law · Public Administration
Going by the book
Understanding Regulation
China's Long March toward Rule of Law
How to prove, how to interpret and what to do? Uncertainty experiences of street-level tax officials
Counter-Democracy
Victims of Groupthink
Taking Network Analysis Seriously
The Ostrich Paradox
Governing public–private partnerships
Anarchy as a Model for Network Governance
Towards an Exogenous Theory of Public Network Performance
Going by the Book
The State's Private Law and the Economy—Commercial Law as an Amalgam of Public and Private Rule-Making
Public Law, Private Law, and Legal Science
Public Administration as an Interdisciplinary Field
Revisiting the Motivational Bases of Public Service
Market Orientation and Public Service Performance
Restoring the Rule of Law to Public Administration
Public Service Motivation Concepts and Theory
Collaborative Governance
Public Service Configurations and Public Organizations
Management, Law, and the Pursuit of the Public Good in Public Administration
The Challenges of Modernizing Tax Administration
Responsive Regulation and Taxation
A Public Management for All Seasons
Emerging Conflicts in the Doctrines of Public Administration
Bureaucratic Structure and Personality
| Unique citing works | 4 |
|---|---|
| Citations per year | 1,33 |
| Citation span | 2023 - 2026 (4) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 4 |