Disciplinary Deficit: Crisis, Collaborative Regulation and Political Economies
Singapore Management University - School of Law; University of Sydney - Faculty of Law
October 3, 2011
Sydney Law School Research Paper No. 11/64
The paper explores the features and charts the principle theorizing of regulatory sociability from collaboration rather than intervention, whatever the interest-based motivation within crisis, towards orderliness. It concludes with a discussion of disciplinary deficit, in terms of the way that compulsory regulatory preference remains low on the orderliness continuum. We argue that as compulsory discipline increases, it may produce compliance but at costs for regulatory sociability. The alternative regulatory paradigm is one which moves to resolve the antimony between desire and reason in a manner which relies on and endorses the constituents of collaboration.
Collaborative regulation, the paper suggests, can arise out of crisis and be justified through desires for orderliness without compulsion. But for collaborative regulation to be sustainable it must complement certain positive ‘orderly’ aspects within political economy. The analysis determines some observations concerning the shape and shaping of collaborative regulation in an atmosphere of more pluralist knowledge based (disciplinary) engagement.
Number of Pages in PDF File: 23
Keywords: collaborative regulation, risk to ordering, sociability, global crisis, international regulatory networks
JEL Classification: K10, K30
Date posted: October 4, 2011