000			01484pab a2200169 454500
008			180718b2002 xxu||||| |||| 00| 0 eng d
100			_aGoodie, Jo
245			_aCalculating `public interest': common law and the legal governance of the environment
260			_c2002
300			_ap.37-60.
362			_aMar
520			_aDrawing inspiration from O'Malley's very recent attempt to introduce greater subtlety into governmentality thinking about the operation of the common law of contract (O'Malley, 2000), this article seeks to explore some of the nuances of the common law's way of calculating interests. O'Malley argues that the law of contract developed in a more pragmatic fashion than an understanding of law within liberal economic theory allows. He says that contract law developed on the basis of the force of uncertainty and practical experience, as much as it did on the basis of the abstract and quantifiable calculations of the rational risk manager - a pragmatic and situational' form of calculation rather than an rational, abstract one (O'Malley, 2000: 477-8). We argue, using mainly Australian examples concerned with the legal governance of the environment, that non-pecuniary public interests are also subject to this type of `pragmatic and situated' calculation within the common law, one we refer to as `rhetorical'. - Reproduced.
650			_aEnvironmental legislation
700			_aWickham, Gary
773			_aSocial and Legal Studies
909			_a52126
999			_c52126 _d52126