The Paradox Of Regulation

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The Paradox of Regulation

Author : Fiona Haines
Publisher : Edward Elgar Publishing
Page : 289 pages
File Size : 50,7 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780857933157

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The Paradox of Regulation by Fiona Haines Pdf

The Paradox of Regulation is a tour de force of regulatory scholarship that successfully contextualizes the regulatory project as an effort to reduce multiple forms of risk. Three case studies of regulatory reforms, fascinating in their own right, when read together forcefully demonstrate why context matters to the actuarial assessments, political realities, and possibilities for insuring safety, security and integrity. Haines, penetrating analysis presents no simple answers to what works and why. The Paradox of Regulation nimbly demonstrates that the strengths and limits of a particular regulatory reform must be understood as a complicated response to a dynamic constellation of actuarial, political, and socio-cultural risks.,- Nancy Reichman, University of Denver, US , This new book by Fiona Haines is an elegant but sophisticated analysis of the three risks (technical, social and political) that regulation must address if it is to be effective. This analysis is original and fresh bringing together critiques of risk based regulation with empirical literature on compliance and effectiveness evaluation. This is exactly the sort of book we need more of to develop and deepen empirical and theoretical research in regulatory scholarship: - it helpfully melds together different literatures and theoretical approaches with her own empirical work on regulatory reforms to build a multi-layered theoretical analysis that really pushes forward our understanding of regulation, why it happens and how it fails and succeeds., - Christine Parker, Monash University, Australia ,This is an insightful and nuanced analysis of the strengths and limitations of regulation. Through a close grained analysis of three recent disasters, Haines demonstrates that regulation is not just a technical but also a political and a social project and how a failure to recognise its multiple dimensions can lead to regulatory failure. This book is a major contribution that enriches our understanding of the challenges of risk management and of how best to address them.'- Neil Gunningham, Australian National University, Canberra , Fiona Haines shows us that regulatory policy is complex and paradoxical in ways that should require us to attend to the substance and the politics of specific regulatory regimes. This book is a major contribution to the reconceptualisation of risk and regulation. It is a perceptive treatment of the role of crisis by one of the best scholars of regulation we have., - John Braithwaite, Australian National University, Canberra

The Paradox of Regulation

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 53,8 Mb
Release : 2007
Category : Electronic
ISBN : OCLC:748214162

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The Paradox of Regulation by Anonim Pdf

Freer Markets, More Rules

Author : Steven K. Vogel
Publisher : Cornell University Press
Page : 313 pages
File Size : 49,9 Mb
Release : 2018-05-31
Category : Political Science
ISBN : 9781501717307

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Freer Markets, More Rules by Steven K. Vogel Pdf

Over the past fifteen years, the United States, Western Europe, and Japan have transformed the relationship between governments and corporations. The changes are complex and the terms used to describe them often obscure the reality. In Freer Markets, More Rules, Steven K. Vogel dispenses with euphemisms and makes sense of this recent transformation. In defiance of conventional wisdom, Vogel contends that the deregulation revolution of the 1980s and 1990s never happened. The advanced industrial countries moved toward liberalization or freer markets at the same time that they imposed reregulation or more rules. Moreover, the countries involved did not converge in regulatory practice but combined liberalization and reregulation in markedly different ways. The state itself, far more than private interest groups, drove the process of regulatory reform. Thus, the story of deregulation is one rich in paradox: a movement aimed at reducing regulation increased it; a movement propelled by global forces reinforced national differences; and a movement that purported to reduce state power was led by the state itself. Vogel's astute and far-reaching analysis compares deregulation in Britain and Japan, with special attention to the telecommunication and financial services industries. He also considers such important sectors as broadcasting, transportation, and utilities in the United States, France, and Germany.

The UK and Multi-level Financial Regulation

Author : Scott James,Lucia Quaglia
Publisher : Oxford University Press
Page : 331 pages
File Size : 51,5 Mb
Release : 2020-02-06
Category : Political Science
ISBN : 9780192564207

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The UK and Multi-level Financial Regulation by Scott James,Lucia Quaglia Pdf

The UK and Multi-level Financial Regulation examines the role of the United Kingdom (UK) in shaping post-crisis financial regulatory reform, and assesses the implications of the UK's withdrawal from the European Union (EU). It develops a domestic political economy approach to examine how the interaction of three domestic groups - elected officials, financial regulators, and the financial industry - shaped UK preferences, strategy, and influence in international and EU-level regulatory negotiations. The framework is applied to five case studies: bank capital and liquidity requirements; bank recovery and resolution rules; bank structural reforms; hedge fund regulation; and the regulation of over-the-counter derivatives. It concludes by reflecting on the future of UK financial regulation after Brexit. The book argues that UK regulators pursued more stringent regulation when they had strong political support to resist financial industry lobbying. UK regulators promoted international harmonisation of rules when this protected the competitiveness of industry or enabled cross-border externalities to be managed more effectively; but were often more resistant to new EU rules when these threatened UK interests. Consequently, the UK was more successful at shaping international standards by leveraging its market power, regulatory capacity, and alliance building (with the US). But it often met with greater political resistance at the EU level, forcing it to use legal challenges to block reform or secure exemptions. The book concludes that political and regulatory pressure was pivotal in defining the UK's 'hard' Brexit position, and so the future UK-EU relationship in finance will most likely be based on a framework of regulatory equivalence.

The Paradox of Democratic Capitalism

Author : David F. Prindle
Publisher : JHU Press
Page : 389 pages
File Size : 40,7 Mb
Release : 2006-08-25
Category : Political Science
ISBN : 9780801889479

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The Paradox of Democratic Capitalism by David F. Prindle Pdf

A truly interdisciplinary enterprise, The Paradox of Democratic Capitalism examines the interplay of ideas about politics, economics, and law in American society from the pre-revolutionary era to the eve of the September 11 attacks. David F. Prindle argues that while the United States was founded on liberalism, there is constant tension between two ideals of the liberal tradition: capitalism and democracy. Tracing the rise of natural law doctrine from neoclassical economics, Prindle examines the influence of economic development in late medieval society on the emergence of classical liberalism in early America and likens that influence to the impact of orthodox economics on contemporary American society. Prindle also evaluates political, economic, and legal ideas through the lens of his own beliefs. He warns against the emerging extremes of liberal ideology in contemporary American politics, where the right's definition of capitalism excludes interference from democratic publics and the left's definition of democracy excludes a market-based economy.

Moral Regulation and Governance in Canada

Author : Amanda Glasbeek
Publisher : Canadian Scholars’ Press
Page : 404 pages
File Size : 45,6 Mb
Release : 2006
Category : History
ISBN : 9781551303024

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Moral Regulation and Governance in Canada by Amanda Glasbeek Pdf

Moral Regulation and Governance in Canada offers an outstanding selection of readings that represents an overview of the key issues in deviance, moral regulation, and governance in Canada from a distinctly Canadian perspective. It effectively tracks the sociology of deviance, from governmentality studies to theories of social control. Of particular note is the focus this book gives to gender issues. It also argues that sometimes what is considered deviant is less related to criminality and more concerned with the perception of normalcy.

Meta-Regulation in Practice

Author : F.C. Simon
Publisher : Taylor & Francis
Page : 257 pages
File Size : 43,7 Mb
Release : 2017-06-26
Category : Law
ISBN : 9781315308906

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Meta-Regulation in Practice by F.C. Simon Pdf

Meta-regulation presents itself as a progressive policy approach that can manage complexity and conflicting objectives better than traditional command and control regulation. It does this by ‘harnessing’ markets and enlisting a broad range of stakeholders to reach a more inclusive view of the public interest that a self-regulating business can then respond to. Based on a seventeen year study of the Australian energy industry, and via the lens of Niklas Luhmann’s systems theory, Meta-Regulation in Practice argues that normative meta-regulatory theory relies on questionable assumptions of stakeholder morality and rationality. Meta-regulation in practice appears to be most challenged in a complex and contested environment; the very environment it is supposed to serve best. Contending that scholarship must prioritise an understanding of communicative possibilities in practice, this book will be of interest to undergraduate and postgraduate students, as well as postdoctoral researchers interested in subjects such as business regulation, systems theory and corporate social responsibility. Please visit meta-regulation.com for more insightful information on meta-regulation and Meta-Regulation in Practice.

The Drug Paradox

Author : Tara L. Bruno,Rick Csiernik
Publisher : Canadian Scholars
Page : 330 pages
File Size : 45,5 Mb
Release : 2018-04-26
Category : Social Science
ISBN : 9781773380520

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The Drug Paradox by Tara L. Bruno,Rick Csiernik Pdf

Why are some drugs considered socially acceptable while others are demonized? What makes these definitions so widespread? Who benefits from these conceptualizations? The Drug Paradox examines both the empirically founded and the socially constructed facets of drugs and drug use, highlighting the incongruous aspects of laws, policies, and programming that aim to address behaviours around drugs. The authors explore this paradox, arguing that Canada’s punitive approach to addressing drug use continues to exist alongside harm-reduction strategies and that these competing approaches ultimately impede Canada’s ability to deal effectively with substance misuse. Using a policy-oriented approach while also emphasizing the utility of a multifaceted biopsychosocial model, this text provides students with a foundation in the sociology of psychoactive substances in the Canadian context. It covers a broad range of issues—models of addiction, the history of Canada’s drug laws, media representation, government responses to substance use, and international perspectives on drug policy—and addresses various research areas that are important for students to consider when trying to make sense of the competing discourses on drugs in society. The Drug Paradox is ideal for use in sociology courses on drugs and drug use and will also appeal to those focusing on drug use from a criminology, public health, or policy perspective.

Global Business Regulation

Author : John Braithwaite,Peter Drahos
Publisher : Cambridge University Press
Page : 194 pages
File Size : 40,8 Mb
Release : 2000-02-13
Category : Business & Economics
ISBN : 0521780330

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Global Business Regulation by John Braithwaite,Peter Drahos Pdf

How has the regulation of business shifted from national to global institutions? What are the mechanisms of globalization? Who are the key actors? What of democratic sovereignty? In which cases has globalization been successfully resisted? These questions are confronted across an amazing sweep of the critical areas of business regulation--from contract, intellectual property and corporations law, to trade, telecommunications, labor standards, drugs, food, transport and environment. This book examines the role played by global institutions such as the World Trade Organization, World Health Organization, the OECD, IMF, Moodys and the World Bank, as well as various NGOs and significant individuals. Incorporating both history and analysis, Global Business Regulation will become the standard reference for readers in business, law, politics, and international relations.

The Paradox of Professionalism

Author : Scott L. Cummings
Publisher : Cambridge University Press
Page : 337 pages
File Size : 54,6 Mb
Release : 2011-02-21
Category : Law
ISBN : 9781139498050

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The Paradox of Professionalism by Scott L. Cummings Pdf

This book is about the role of lawyers in constructing a just society. Its central objective is to provide a deeper understanding of the relationship between lawyers' commercial aims and public aspirations. Drawing on interdisciplinary and comparative perspectives, it explores whether lawyers can transcend self-interest to meaningfully contribute to systems of political accountability, ethical advocacy and distributional fairness. Its contributors, some of the world's leading scholars of the legal profession, offer evidence that although justice is possible, it is never complete. Ultimately, how much - and what type of - justice prevails depends on how lawyers respond to, and reshape, the political and economic conditions in which they practise. As the essays demonstrate, the possibility of justice is diminished as lawyers pursue self-regulation in the service of power; it is enhanced when lawyers mobilize - in the political arena, workplace and law school - to contest it.

Innovation and Protection

Author : I. Glenn Cohen,Timo Minssen,W. Nicholson Price II,Christopher Robertson,Carmel Shachar
Publisher : Cambridge University Press
Page : 295 pages
File Size : 46,5 Mb
Release : 2022-04-07
Category : Law
ISBN : 9781108838634

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Innovation and Protection by I. Glenn Cohen,Timo Minssen,W. Nicholson Price II,Christopher Robertson,Carmel Shachar Pdf

A detailed analysis of the ethical, legal, and regulatory landscape of medical devices in the US and EU.

Regulatory Capitalism

Author : John Braithwaite
Publisher : Edward Elgar Publishing
Page : 261 pages
File Size : 42,5 Mb
Release : 2008
Category : Business & Economics
ISBN : 9781848441262

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Regulatory Capitalism by John Braithwaite Pdf

In this sprawling and ambitious book John Braithwaite successfully manages to link the contemporary dynamics of macro political economy to the dynamics of citizen engagement and organisational activism at the micro intestacies of governance practices. This is no mean feat and the logic works. . . Stephen Bell, The Australian Journal of Public Administration Everyone who is puzzled by modern regulocracy should read this book. Short and incisive, it represents the culmination of over twenty years work on the subject. It offers us a perceptive and wide-ranging perspective on the global development of regulatory capitalism and an important analysis of points of leverage for democrats and reformers. Christopher Hood, All Souls College, Oxford, UK It takes a great mind to produce a book that is indispensable for beginners and experts, theorists and policymakers alike. With characteristic clarity, admirable brevity, and his inimitable mix of description and prescription, John Braithwaite explains how corporations and states regulate each other in the complex global system dubbed regulatory capitalism. For Braithwaite aficionados, Regulatory Capitalism brings into focus the big picture created from years of meticulous research. For Braithwaite novices, it is a reading guide that cannot fail to inspire them to learn more. Carol A. Heimer, Northwestern University, US Reading Regulatory Capitalism is like opening your eyes. John Braithwaite brings together law, politics, and economics to give us a map and a vocabulary for the world we actually see all around us. He weaves together elements of over a decade of scholarship on the nature of the state, regulation, industrial organization, and intellectual property in an elegant, readable, and indispensable volume. Anne-Marie Slaughter, Princeton University, US Encyclopedic in scope, chock full of provocative even jarring claims, Regulatory Capitalism shows John Braithwaite at his transcendental best. Ian Ayres, Yale Law School, Yale University, US Contemporary societies have more vibrant markets than past ones. Yet they are more heavily populated by private and public regulators. This book explores the features of such a regulatory capitalism, its tendencies to be cyclically crisis-ridden, ritualistic and governed through networks. New ways of thinking about resultant policy challenges are developed. At the heart of this latest work by John Braithwaite lies the insight by David Levi-Faur and Jacint Jordana that the welfare state was succeeded in the 1970s by regulatory capitalism. The book argues that this has produced stronger markets, public regulation, private regulation and hybrid private/public regulation as well as new challenges such as a more cyclical quality to crises of market and governance failure, regulatory ritualism and markets in vice. However, regulatory capitalism also creates opportunities for better design of markets in virtue such as markets in continuous improvement, privatized enforcement of regulation, open source business models, regulatory pyramids with networked escalation and meta-governance of justice. Regulatory Capitalism will be warmly welcomed by regulatory scholars in political science, sociology, history, economics, business schools and law schools as well as regulatory bureaucrats, policy thinkers in government and law and society scholars.

The Paradox Of Wealth And Poverty

Author : Daniel Little
Publisher : Routledge
Page : 304 pages
File Size : 51,9 Mb
Release : 2018-02-07
Category : Philosophy
ISBN : 9780429964572

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The Paradox Of Wealth And Poverty by Daniel Little Pdf

We live in a time of human paradoxes. Scientific knowledge has reached a level of sophistication that permits understanding of the most arcane phenomena and yet religious fundamentalism dominates in many parts of the world. We witness the emergence of a civil, liberal constitutionalism in many regions of the world and yet ethnic violence threatens the lives and dignity of millions. And we live in a time of rapid economic and technological advance and yet several billions of people live in persistent debilitating poverty. In this book, Daniel Little dissects these paradoxes offering the clearest perspective on how best to approach international development.Using both empirical and philosophical approaches, Little provides a schematic acquaintance with the most important facts about global development at the turn of the twentieth century. In doing so, he explores what appear to be the most relevant moral principles and insights that ought to be invoked as we consider these facts and then draws conclusions about what sorts of values and goals ought to guide economic development in the twenty-first century.

The Paradox of Continental Production

Author : Barbara Jenkins
Publisher : Cornell University Press
Page : 252 pages
File Size : 45,8 Mb
Release : 2018-09-05
Category : Political Science
ISBN : 9781501731280

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The Paradox of Continental Production by Barbara Jenkins Pdf

Should national governments regulate foreign investment? The question is hotly contested in today's international trade debates. Barbara Jenkins here addresses this complex issue in a timely account of market relationships among North American nations. Jenkins provides up-to-date, detailed analyses of foreign investment regulations and policies in Canada, Mexico, and the United States. She identifies inherent contradictions in the general tactic that all three countries have pursued-simply relying on the pressures of the market rather than planning active strategy—and she assesses the likely effects on foreign investment of the recently concluded Canada—U.S. Free Trade Agreement and the potential North American free trade agreement. Free trade and the absence of adjustment policy, she argues, expose key political actors such as business and labor too broadly to market forces. The result is a projectionist reaction on the part of these domestic actors, which ultimately defeats efforts to liberalize trade and investment relations. In current approaches to foreign investment regulation, Jenkins detects divergent trends among the three countries: while Ottawa and Mexico City continue to liberalize their investment strategies, Washington is growing more interventionist. She shows, however, that the interventionism of the United States reflects a nationalistic trend rather than a commitment to a coherent strategy. Cautioning that the conclusion of a North American free trade agreement will only exacerbate the inadequacies of current policies, Jenkins concludes by offering recommendations for future action. The Paradox of Continental Production will be stimulating reading for policymakers, political economists, and other observers of Canadian, Mexican, and U.S. politics.

The Paradox of Continental Production

Author : Barbara L. Jenkins
Publisher : Cornell University Press
Page : 268 pages
File Size : 49,8 Mb
Release : 1992
Category : Business & Economics
ISBN : 0801426766

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The Paradox of Continental Production by Barbara L. Jenkins Pdf

Should national governments regulate foreign investment? The question is hotly contested in today's international trade debates. Barbara Jenkins here addresses this complex issue in a timely account of market relationships among North American nations. Jenkins provides up-to-date, detailed analyses of foreign investment regulations and policies in Canada, Mexico, and the United States. She identifies inherent contradictions in the general tactic that all three countries have pursued-simply relying on the pressures of the market rather than planning active strategy--and she assesses the likely effects on foreign investment of the recently concluded Canada--U.S. Free Trade Agreement and the potential North American free trade agreement. Free trade and the absence of adjustment policy, she argues, expose key political actors such as business and labor too broadly to market forces. The result is a projectionist reaction on the part of these domestic actors, which ultimately defeats efforts to liberalize trade and investment relations. In current approaches to foreign investment regulation, Jenkins detects divergent trends among the three countries: while Ottawa and Mexico City continue to liberalize their investment strategies, Washington is growing more interventionist. She shows, however, that the interventionism of the United States reflects a nationalistic trend rather than a commitment to a coherent strategy. Cautioning that the conclusion of a North American free trade agreement will only exacerbate the inadequacies of current policies, Jenkins concludes by offering recommendations for future action. The Paradox of Continental Production will be stimulating reading for policymakers, political economists, and other observers of Canadian, Mexican, and U.S. politics.