New Governance as Regulatory Governance
University of San Diego School of Law; Harvard Law School
November 21, 2012
The Oxford Handbook of Governance, David Levi-Four, ed., 2012
San Diego Legal Studies Paper No. 12-101
New governance has emerged as a school of thought focusing on the significance of institutional design and culture for effective and legitimate regulation. This chapter analyzes the field of new governance from a regulatory perspective and examines the ways in which governments can effectively regulate markets from both a theoretical and practical lens. New governance as regulatory governance focuses on the ways that government and the private sector can successfully operate together - a distinct departure from traditional command-and-control regulation. The chapter explains the reasons for this shift away from traditional regulation toward regulatory governance and provides examples of the benefits of new governance’s approach as applied in environmental law, occupational safety, discrimination law, financial regulation, and organizational sentencing guidelines. In these contexts, the self-regulation structure of new governance relies on internal reporting, and the chapter therefore stresses the importance of private reporting to support the regulatory process. The chapter concludes by recognizing some of the limitations of regulatory governance and identifying directions for further research.
Number of Pages in PDF File: 28
Keywords: regulation, governance, regulated industries, labor markets, discrimination polciy, occupational health and safety,financial compliance, compliance, enforcement, new governance, behavioral law and economics, risk regulation, healthy policy, administrative law, judgment and decision-making
JEL Classification: K00, K2, L51, K32, I1, H3, H51,A13, D18, I1, I2, I3, L5, L3, K31
Date posted: November 21, 2012
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