Government contracts can control private conduct by inducement rather than regulation

Evidence

Government contracts, of course, have important uses as tools simply of governmental housekeeping. But they may be used also as instruments of conscious control of primary private activity. In this aspect they seem to belong under the heading of control by direct inducement of desired conduct rather than under the heading of regulation. β€” Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 837

Categorization

  • XREF: connects to: Contract-based controls can reach results regulation cannot because obligations rest on agreement β€” Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 838; Governmental assurance steers conduct without defining it, unlike reward-based inducement β€” Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 885; Official agencies can regulate private law-making without supplanting it β€” Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4260 (+4 more)

Broader Connections