Handbook on the Politics of Regulation

‘To my mind, this Handbook has accomplished a major task – mapping and analysing the intellectual terrain around today’s regulatory fabric and tomorrow’s regulatory challenges. It is to be commended for not only taking on that task but also for succeeding so well. It is rare for the blurb on a book cover to match up to the text inside. In this Handbook, it does. The Handbook gives extraordinary coverage, and is comprehensive, engaging, informed and quite frankly, exciting. What a great combination.’
– Graeme Hodge, Australian Journal of Political Science

‘Political science has leap-frogged law, economics, and sociology to become the dominant discipline contributing to regulatory studies. David Levi-Faur’s volume taps the rich veins of regulatory scholarship that have made this the case. It brings together the talented new network of politics scholars intrigued by the importance of the changing nature of state and non-state regulation. Their fresh insights complement important new work by established stars of the field. Definitely a book to have on your shelf when in search of exciting theoretical approaches to politics.’
– John Braithwaite, Australian National University

‘“Regulation”, in its manifold forms, is the central process of contemporary governance, as it seeks to blend the dynamism of market economies with responsiveness to political and normative demands for health, safety, environmental protection, and fairness. Understanding regulation’s varieties, vulnerabilities, and virtues has become a significant focus of academic research and theory. This volume provides an extraordinary survey of research in that field – a survey remarkable in its comprehensiveness, outstanding in the quality of the contributions by leading regulatory scholars from different nations and academic disciplines.’
– Robert A. Kagan, University of California, Berkeley, US

‘An authoritative collection by a range of contributors with outstanding reputations in the field.’
– Michael Moran, University of Manchester, UK

‘This is an extraordinarily useful one-stop-shop for a wide range of traditions and approaches to the political aspects of regulation. David Levi-Faur has assembled a fine collection that by reporting on the state of the art also shows the way ahead for a discipline that has to capture and explain dramatic changes in real-world regulatory philosophies and policies.’
– Claudio Radaelli, University of Exeter, UK

‘This is an unusually impressive edited volume. Its contributors include the leading academic experts on government regulation from around the world. Its several clearly-written and informative essays address the most important topics, issues, and debates that have engaged students of regulatory politics. I strongly recommend this volume to anyone interested in understanding the breadth and depth of contemporary scholarship on the political dimensions of regulation.’
– David Vogel, University of California, Berkeley, US

Contributors: S.J. Balla, I. Bartle, T. Bartley, M. Bokhorst, A. Busch, P.J. Cardwell, J.G. Christensen, T. Christensen, J.W. Cioffi, M. Cohn, N. Collins, S. Coslovsky, S.P. Croley, M.W. Dowdle, S. Eckert, M.A. Eisner, Y. Feldman, M. Finger, N. Garoupa, S. Gilad, F. Gilardi, A. Ginosar, J.-C. Gottwald, M. Groenleer, J.K. Hammitt, S. Han, J. Jordana, S.I. Karlsson-Vinkhuyzen, S. Kim, P. Lægreid, M.T. Law, D. Levi-Faur, D. Mabbett, M. Maggetti, G. Majone, A. Marx, P.J. May, B.M. Mitnick, A.D. Murray, M. Oude Vrielink, O. Perez, D. Pesendorfer, R. Pires, M. Potoski, A. Prakash, L.A. Robinson, S. Rose-Ackerman, A.M. Schejter, C. Scott, S. Shapiro, S.S. Silbey, A.E. Töller, B. Unger, C. van Montfort, F. van Waarden, K. Wegrich, M. Welsh, B. Yandle

Contents:

Preface

PART I: INTRODUCTION
1. Regulation and Regulatory Governance
David Levi-Faur

PART II: THEORIES OF REGULATION FOR THE AGE OF GOVERNANCE
2. Bootleggers and Baptists in the Theory of Regulation
Bruce Yandle

3. Capturing ‘Capture’: Definition and Mechanisms
Barry M. Mitnick

4. Beyond Capture: Towards a New Theory of Regulation
Steven P. Croley

5. Institutional Design and the Management of Regulatory Governance
Steven J. Balla

6. Voluntary Programs, Compliance and the Regulation Dilemma
Matthew Potoski and Aseem Prakash

7. Competing Theories of Regulatory Governance: Reconsidering Public Interest Theory of Regulation
Jørgen Grønnegård Christensen

PART III: HISTORICAL AND COMPARATIVE PERSPECTIVES ON THE REGULATORY STATE
8. The Rise of the American Regulatory State: A View from the Progressive Era
Marc T. Law and Sukkoo Kim

9. Beyond the Logic of the Market: Toward an Institutional Analysis of Regulatory Reforms
Marc Allen Eisner

10. The Chinese Model of Regulatory State
Neil Collins and Jörn-Carsten Gottwald

11. The Institutional Development of the Latin American Regulatory State
Jacint Jordana

PART IV: SELECTED ISSUES IN THE STUDY OF REGULATION
12. Policymaking Accountability: Parliamentary versus Presidential Systems
Susan Rose-Ackerman

13. Law and Regulation: The Role, Form and Choice of Legal Rules
Margit Cohn

14. The Independence of Regulatory Authorities
Fabrizio Gilardi and Martino Maggetti

15. The Regulatory Rescue of the Welfare State
Deborah Mabbett

16. The Regulation of Privacy
Andreas Busch

PART V: REGULATING OLD AND NEW MEDIA
17. Regulating the Media: Four Perspectives
Amit M. Schejter and Sangyong Han

18. The Regulation of Advertising
Avshalom Ginosar

19. Internet Regulation
Andrew D. Murray

PART VI: RISK REGULATION
20. Risk Regulation and Precaution
Dieter Pesendorfer

21. Strategic Issues in Risk Regulation
Giandomenico Majone

PART VII: POLITICS OF REGULATORY ENFORCEMENT AND COMPLIANCE
22. The Politics of Civil and Criminal Enforcement Regimes
Michelle Welsh

23. The Pragmatic Politics of Regulatory Enforcement
Salo Coslovsky, Roberto Pires and Susan S. Silbey

24. Five Models of Regulatory Compliance Motivation: Empirical Findings and Normative Implications
Yuval Feldman

25. Between Soft Law and Greenwash: The Compliance Dynamic of Civil Forms of Environmental Regulation
Oren Perez

PART VIII: TOWARD BETTER REGULATION?
26. The New Regulatory Orthodoxy: A Critical Assessment
Tom Christensen and Per Lægreid

27. Performance-based Regulation
Peter J. May

28. The Evolution of Cost–Benefit Analysis in US Regulatory Decisionmaking
Stuart Shapiro

29. Regulatory Impact Assessment: Ambition, Design and Politics
Kai Wegrich

30. Valuing Health and Longevity in Regulatory Analysis: Current Issues and Challenges
Lisa A. Robinson and James K. Hammitt

31. Process-Oriented Regulation: Conceptualization and Assessment
Sharon Gilad

PART IX: CIVIL REGULATION
32. Certification as a Mode of Social Regulation
Tim Bartley

33. Regulation of Professions
Nuno Garoupa

34. Varieties of Private Market Regulation: Problems and Prospects
Frans van Waarden

35. Codes as Hybrid Regulation
Mirjan Oude Vrielink, Cor van Montfort and Meike Bokhorst

36. Voluntary Approaches to Regulation – Patterns, Causes and Effects
Annette Elisabeth Töller

PART X: REGULATORY GOVERNANCE IN THE EUROPEAN UNION
37. European Regulatory Governance
Sandra Eckert

38. Towards a European Model of Regulatory Governance?
Matthias Finger

39. The Changing Nature of European Regulatory Governance
Paul James Cardwell

40. Regulatory Governance in the European Union: The Political Struggle Over Committees, Agencies and Networks
Martijn Groenleer

PART XI: GLOBAL REGULATION
41. Regulating in Global Regimes
Colin Scott

42. The Geography of Regulation
Michael W. Dowdle

43. Global Governance and the Certification Revolution: Types, Trends and Challenges
Axel Marx

44. Global Regulation through a Diversity of Norms: Comparing Hard and Soft Law
Sylvia I. Karlsson-Vinkhuyzen

45. Money Laundering Regulation: From Al Capone to Al Qaeda
Brigitte Unger

46. Regulatory Approaches to Climate Change Mitigation
Ian Bartle

47. After the Fall: Regulatory Lessons from the Global Financial Crisis
John W. Cioffi

48. The Regulatory State and Regulatory Capitalism: An Institutional Perspective
David Levi-Faur

Index