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The Structure of Regulation
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The Structure of Regulation

Explaining Why Regulation Succeeds and Fails

9781800883291 Edward Elgar Publishing
David Williamson, Professor Emeritus, Staffordshire University and Honorary Senior Research Fellow, School of Law, University of Manchester and Gary Lynch-Wood, Senior Lecturer, School of Law, University of Manchester, UK
Publication Date: 2021 ISBN: 978 1 80088 329 1 Extent: 160 pp
This timely and original book provides an exploration of the factors that combine to determine the form of regulatory problems and the overall success or failure of regulation. Using environmental regulation as a basis for analysis, this book puts forward a theoretical framework for the design of effective regulation and demonstrates how businesses’ compliance with environmental regulation, in particular, could be improved.

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Contents
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This timely and original book provides an exploration of the factors that combine to determine the form of regulatory problems and the overall success or failure of regulation. Using environmental regulation as a basis for analysis, this book puts forward a theoretical framework for the design of effective regulation and demonstrates how businesses’ compliance with environmental regulation, in particular, could be improved.

The authors address previous shortcomings in regulatory explanations, which have frequently overlooked the structural character of regulation and underplayed how the factors involved work together to determine regulatory shape and performance. In seeking to address this deficit, the authors develop a compliance line to demonstrate how different choices on how to regulate will affect compliance outcomes. Chapters include a review of how regulation has changed and sought to improve over the years, the relationship between rule following and regulation, how regulation incorporates and relies on necessary conditions, an identification of the trade-offs involved in regulating, and a discussion of why regulation is, by necessity and to a degree, unfair.

Providing theories for how regulation can be structured to improve compliance, The Structure of Regulation will be a key resource for students and academics in the fields of law and regulation, environment studies, public policy and political science.
Critical Acclaim
‘The Structure of Regulation delivers a fresh look at regulation and compliance. While keeping one foot solidly planted in conventional accounts of regulation, it takes a substantial step forward by integrating a thoughtful perspective on firm decision-making with a rich conception of regulatory structure. After carefully setting the theoretical stage and mapping the trade-offs presented in crafting regulation that aims for compliance, the book offers a cogent minmax methodology for regulatory design. It is nuanced but clear; provocative yet balanced.’
– Timothy Malloy, UCLA School of Law, US

‘A novel analysis of regulatory compliance is on offer in this book. It relates to firms and regulation in ways that might be expected but also in ways that are revealing. A fine contribution.’
– John Braithwaite, Australia National University
Contents
Contents: 1. Introduction to The Structure of Regulation 2. Regulation 3. Regulation and rule following 4. Conditions of regulation 5. A revised view of regulation 6. Structural exclusion References Index
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