Regulatory Interventions Beyond the Law: Towards a Typology of the Extra-Legal Frontier

25 Pages Posted: 17 Sep 2015 Last revised: 7 Dec 2015

See all articles by Aute Kasdorp

Aute Kasdorp

Erasmus University Rotterdam (EUR) - Rotterdam School of Management (RSM)

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Date Written: July 15, 2015

Abstract

Regulators can avert corporate behaviour that inflicts risks on society, but is nevertheless compliant with the law. Such regulatory interventions beyond the law evoke contentious questions about their objects, legitimacy, methods, and the norms employed. No framework yet exists to analyse these questions in conjunction. Therefore, this paper proposes a typology of the extra-legal frontier. The typology is based on a range of discretionary attitudes of regulators towards their enforcement mandate. This range comprises four types of regulators, with an increasingly extensive attitude: Law Enforcer, Legislative Agent, Social Broker, and Public Architect. The typology integrates diffuse scholarly insights into a coherent framework, which offers regulators and their stakeholders a starting point for reflection on interventions beyond the law.

Keywords: Regulation, regulatory practice, risk regulation reflex, legitimacy, beyond compliance, extra-legal interventions, regulatory interventions beyond the law, typology

JEL Classification: I18, K20, L50

Suggested Citation

Kasdorp, Aute, Regulatory Interventions Beyond the Law: Towards a Typology of the Extra-Legal Frontier (July 15, 2015). Available at SSRN: https://ssrn.com/abstract=2658193 or http://dx.doi.org/10.2139/ssrn.2658193

Aute Kasdorp (Contact Author)

Erasmus University Rotterdam (EUR) - Rotterdam School of Management (RSM) ( email )

Keizersgracht 42B
Amsterdam, 1015CR
Netherlands

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