Social Regulation

advertisement
Social Regulation
By: David A. Strauss
As presented by Lester M. Salamon
Introduction

Issue: Social Regulation has a diverse set of
elements.

Social Regulation is an indirect tool of government
Eugene Bardach

“Social regulation is correcting failures of the
legal system- mainly liability and tort law- to
prevent harms or to promote positive ends.
These in turn arise from failures in the market.”
Defining “The” Tool

Clarifying the difference between Social and
Economic Regulation.
Economic: Financial Market Regulation; FTC
Regulations; Federal Reserve System.
 Social: Welfare; Public Safety; Medicaid.
 Both types of regulation are often blurred.

Defining “The” Tool

Four (4) Elements of Social Regulation:
Rule that govern expected behavior.
 Standards that serve as benchmarks.
 Sanctions for non-compliance.
 Administrative apparatus that enforces rules and
administers sanctions.

Defining “The” Tool

Rules vs. Regulations:
Rules: Substantive Rules vs. Procedural Rules
 Regulations: Ex Ante regulation vs. Ex Post
Regulation.

Patterns of Tool Use

A Brief History:
Babylonian Building Code
 Plymouth Colony Roofing Code (c1626)
 Fire Codes of London (c1666)
 American Meat Inspection Act (c1907)

Patterns of Tool Use

United States Regulatory System has:
A FORMAL SYSTEM for development.
 A FORMAL and LEGAL style of enforcement

Patterns of Tool Use

Modern trend of regulation is toward marketorientated systems.
Started with the Reagan Administration
 Continued, to an extent, with the Clinton
Administration.
 Modern developments include market-like
mechanisms; emission and pollution trading systems;
and negotiated rulemaking.

Basic Mechanics


“Rules are the path on which Social Regulation
follows.”
Social Regulation involves:
Est. of Rules
 Development of Standards
 Est. of penalties and rewards
 Design & implementation of enforcement systems

Basic Mechanics

Rules:
Good rules are defined with respect to their
legitimacy, fairness, & predictability.
 Rulemaking process set forth in Administrative
Procedure Act of 1946.

Basic Mechanics

Standards: Setting Benchmarks

Rules are sufficiently complex that they require
specification of standards for performance.
Approach and consideration of technical issues
 Legal issues
 Economic issues

Basic Mechanics

Penalties & Rewards:
Compliance Rates
 Factoring Cost of Compliance into Cost of Doing
Business

Basic Mechanics

Enforcement Systems
Complaint-Based Systems
 HACCP Inspection System
 Flexibility vs. Coercion

One MAJOR Point

Regulatees (Targeted Group) vs. Beneficiaries
Management Challenges




Reducing Conflicts
Inconsistent Implementation
Inadequate Resources
Fostering Intergovernmental Partnerships
Download
Related flashcards

Political systems

21 cards

Cultural studies

21 cards

Political ideologies

22 cards

Swords

20 cards

Nationalism

25 cards

Create Flashcards