The Regulatory State

Loughlin, Martin; Scott, Colin

doi:10.1007/978-1-349-25862-8_10

Cited by 57 publications

(33 citation statements)

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“…In order to understand the reassertion of the public interest in the telecoms and food industries through the machinery of the state, we need first to clarify the notion of the rise of the regulatory state (Loughlin & Scott, 1997;Majone, 1994;McGowan & Wallace, 1996;Moran, 2002). The term ''regulatory state'', which has proved especially popular since the 1990s, ''suggests [that] modern states are placing more emphasis on the use of authority, rules and standard-setting, partially displacing an earlier emphasis on public ownership, public subsidies, and directly provided services.…”

Section: The Regulatory State and The Reassertion Of The Public Interestmentioning

confidence: 99%

“…Regulation is one important manifestation of the reassertion of the state. This view is often expressed in the literature with reference to the rise of the regulatory state (Loughlin & Scott, 1997;Majone, 1994;McGowan & Wallace, 1996;Moran, 2002). Yet, as suggested here, the notion of the regulatory state hardly reflects the public potential of regulation.…”

Section: Introductionmentioning

confidence: 99%

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Regulatory capitalism and the reassertion of the public interest

Levi‐Faur

2009

Policy and Society

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Neoliberalism has not led to the retreat of the state but instead to the restructuring of the state. This has led to new forms of governance where regulation represents the expanding part of government, and where the various modes of governance compete and sometimes are synthesized into global forms of regulation. It will be discussed where such forms have emerged, and where they are yet to emerge. In this new order, best described as regulatory capitalism, the regulatory state meets the regulatory society and actors' demand for and supply of regulation is ever expanding. Rule-making, monitoring and enforcement are becoming increasingly important for democratic policy making. It is being asserted that varieties of regulatory capitalism are produced by the interaction of varying degrees of civil-and state-regulation and variations in the composition of the networks that serve as the backbone that transform autonomous jurisdictions to interdependent ones. Accordingly the paper distinguishes between Corporatists, Pluralist, Command & Control and Laissez-Faire forms of regulatory capitalism.

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Section: The Regulatory State and The Reassertion Of The Public Interestmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Regulatory capitalism and the reassertion of the public interest

Levi‐Faur

2009

Policy and Society

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“…The core idea of the regulatory state is that there is a distinctive mode of governance oriented towards the promulgation of rules that engages more or less systematic oversight of compliance with those rules by public agencies operating at arm's length from those they are overseeing (Levi-Faur 2013;Loughlin and Scott 1997;Majone 1994b). We might think of independent regulatory agencies' oversight of businesses as offering the core case of regulatory state governance (Selznick 1985).…”

Section: Responsive Enforcement and Design In The Regulatory Statementioning

confidence: 99%

The regulatory state and beyond

Scott¹

2017

Regulatory Theory

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In John Braithwaite's remarkable set of contributions to ideas about and the practice of regulation over four decades, the state is one of the central organising concepts. This is true for much thinking about regulation more generally, but for a variety of reasons. In Braithwaite's case, the focus on the state may lie with his original interests as a criminologist, where there is a strong consensus that the responsibility for regulating criminal behaviour not only lies with the state, but also provides a core rationale for the existence of the state as monopolist over legitimate use of coercive power. Just as that consensus has broken down with the privatisation of some aspects of prisons and policing systems in various countries, so the agreement around the centrality of the state in regulation has been challenged. In this chapter, I argue that while some, including myself, have seen in Braithwaite's early and highly significant research on the role of the state in regulation a tendency to neglect the wider community and market context, in fact, the seeds of a more broadly based analysis of regulatory capitalism may be found throughout Braithwaite's oeuvre. Policy and scholarly communities were less receptive to understanding the key role of community and market actors set out from an early stage in Braithwaite's work and more fully developed in his later work. In this chapter, I attempt to locate Braithwaite's major contributions to the theory and practice of the regulatory state and the broader concept of regulatory capitalism within the wider context of contemporary thinking about regulatory governance.

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“…The concept of the 'regulatory state' was developed to contrast a distinctive and emergent form of governance from the practices and institutions of the welfare state (Sunstein 1990b;Majone 1994 Pildes andSunstein 1995;Loughlin and Scott 1997;Braithwaite 2000;Moran 2001a;Moran 2001b;Moran 2002). The welfare state deploys the instruments of public ownership, direct state provision of benefits and services, integration of policy making and operational functions.…”

Section: The Regulatory Statementioning

confidence: 99%

The Politics of Regulation

Scott¹

2004

267

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The Regulatory State

Cited by 57 publications

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Regulatory capitalism and the reassertion of the public interest

Regulatory capitalism and the reassertion of the public interest

The regulatory state and beyond

The Politics of Regulation

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