Judge-Made Lore: Public Management and Public Authority

Abstract

Law is a fundamental aspect of public management, but many public management scholars and jurists view each other with mutual incomprehension. The misunderstanding stems in part from incompatible concepts about the nature of government and the nature of people. By combining a legal perspective on the nature of government with a managerial perspective on the nature of people, this article produces law-based management principles that are relevant in any common law country. Officials’ actions could be improved by observing three simple rules of thumb: every action needs legal authority; every decision needs relevant facts; and every person may make a case. These principles are not law, but they are derived from court judgments: they are judge-made lore. A central aspect of judge-made lore is the importance and implications of the use of public authority.