Talking about Regulation: Political Discourse and Regulatory Gridlock

7 WFU J. Law & Pub. Pol. 101 (2016)

38 Pages Posted: 7 Dec 2016

See all articles by Sidney A. Shapiro

Sidney A. Shapiro

Wake Forest University School of Law

Date Written: October 9, 2016

Abstract

Since most Americans understand public policy debates through policy framing that organizes and simplifies policy information, political interests compete by framing their arguments in ways that feed into this cognitive tendency of voters. Using a short history of government regulation, this essay demonstrates that government proponents and opponents use policy framing that employs some form of the two basic concepts of liberty identified by Isaiah Berlin – positive and negative liberty. The essay also analyzes the policy framing used in the recent election, which fits this pattern. The essay concludes by considering why opponents of government, despite a number of political advantages identified in the essay, have been unable to dislodge the administrative state in any fundamental manner over the years using their version of policy framing.

Suggested Citation

Shapiro, Sidney A., Talking about Regulation: Political Discourse and Regulatory Gridlock (October 9, 2016). 7 WFU J. Law & Pub. Pol. 101 (2016), Available at SSRN: https://ssrn.com/abstract=2880750

Sidney A. Shapiro (Contact Author)

Wake Forest University School of Law ( email )

P.O. Box 7206
Winston-Salem, NC 27109
United States
336-758-5430 (Phone)

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