Introduction Part I - Setting the Scene 1. When Legislation Fails 2. The Ways in Which Legislation Fails 3. Learning from Past Failures 4. How Humans (Including Legal Designers!) Actually Make Decisions Part II - Lessons for Legal Designers 5. Adopting a Structured Approach to Designing New Laws 6. What Is the Current Position? 7. What Is the Legislation Aiming to Change? 8. Who Are the Audiences for the Legislation? 9. What Institutions Will the Legislation Depend on? Do They Have the Capacity to Play Their Role? 10. How Will the Legislation Change Behaviour? How Might That Go Wrong? 11. Adaptive Legislation 12. The Implications of New and Emerging Technologies 13. Cross-Border Issues 14. Attempting Default Settings 15. Reducing Complexity Part III 16. Checklist for Law Making 17. The Primary Checklist 18. Benefits Checklist 19. Compliance Checklist 20. Institutions Checklist Appendix 1 Legislation Checklist Appendix 2 Background Reading for Legal Designers
Written by a leading jurist, this book examines why laws fail and presents strategies for making laws that work.
David Goddard is a Judge of the Court of Appeal, New Zealand.