New Governance as Regulatory Governance

The Oxford Handbook of Governance, David Levi-Four, ed., 2012

San Diego Legal Studies Paper No. 12-101

28 Pages Posted: 21 Nov 2012

See all articles by Orly Lobel

Orly Lobel

University of San Diego School of Law

Date Written: November 21, 2012


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.

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

Suggested Citation

Lobel, Orly, New Governance as Regulatory Governance (November 21, 2012). The Oxford Handbook of Governance, David Levi-Four, ed., 2012, San Diego Legal Studies Paper No. 12-101, Available at SSRN:

Orly Lobel (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States


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