Toward a Behaviorally Responsive Regulation, Empirical Findings and Normative Implications of the Five Models of Compliance Motivation

18 Pages Posted: 2 Jul 2010 Last revised: 11 Oct 2014

See all articles by Yuval Feldman

Yuval Feldman

Bar-Ilan University - Faculty of Law

Date Written: August 1, 2010

Abstract

This chapter suggests that five distinctive assumptions of human motivation can be identified among the existing regulatory models. The first regulatory approach targets the incentive-driven individual. According to this model, the dominant motivation of the individual is based on a cost-benefit calculation and thus the approach of the regulator should focus on deterring the bad apples and providing incentives to the good apples. The second regulatory approach targets the reason-driven individual where the main assumption about human motivation is of an individual who looks to regulators to be convinced about the wisdom of engaging in a certain behavior. The third regulatory approach assumes that the dominant compliance motivation is related to social identity. Therefore, most of the attention is focused on demonstrating to the individual that the prevailing norm, either quantitatively or qualitatively, is to obey the law. The fourth regulatory approach, assumes that an individual is mainly motivated by fairness and morality. Finally, the fifth model, focuses on the citizenship-oriented individual, whose main motivation is compliance simply because it is the law, regardless of its content. The main theoretical body for this model is related to certain aspects of institutional legitimacy. Following a discussion of the differences and similarities among the different models, the main normative argument which is developed is related to the ability of the policy maker to take advantage of this knowledge to design a behaviorally-responsive regulation.

Keywords: compliance, motivation, regulation, law and psychology, rationality, legitimacy, deterrence, morality

JEL Classification: K23, K42

Suggested Citation

Feldman, Yuval, Toward a Behaviorally Responsive Regulation, Empirical Findings and Normative Implications of the Five Models of Compliance Motivation (August 1, 2010). HANDBOOK OF POLITICS AND REGULATION 335 (David Levi Faur ed., Edward Elgar, 2011). , Available at SSRN: https://ssrn.com/abstract=1633602 or http://dx.doi.org/10.2139/ssrn.1633602

Yuval Feldman (Contact Author)

Bar-Ilan University - Faculty of Law ( email )

Faculty of Law
Ramat Gan, 52900
Israel

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