Really Responsive Regulation

被引：217

作者：

Baldwin, Robert ^{[1
]}

Black, Julia ^{[1
]}

机构：

[1] Univ London London Sch Econ & Polit Sci, Dept Law, London WC2A 2AE, England

来源：

MODERN LAW REVIEW | 2008年 / 71卷 / 01期

基金：

英国经济与社会研究理事会;

关键词：

D O I：

10.1111/j.1468-2230.2008.00681.x

中图分类号：

D9 [法律]; DF [法律];

学科分类号：

0301 ;

摘要：

Really Responsive Regulation seeks to add to current theories of enforcement by stressing the case for regulators to be responsive not only to the attitude of the regulated firm but also to the operating and cognitive frameworks of firms; the institutional environment and performance of the regulatory regime; the different logics of regulatory tools and strategies; and to changes in each of these elements. The approach pervades all the different tasks of enforcement activity: detecting undesirable or non-compliant behaviour; developing tools and strategies for responding to that behaviour; enforcing those tools and strategies; assessing their success or failure; and modifying them accordingly. The value of the approach is shown by outlining its potential application to UK environmental and fisheries controls. Putting the system into effect is itself challenging but failing to regulate really responsively can constitute an expensive process of shooting in the dark.

引用

页码：59 / 94

页数：36