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Society, Regulation and Governance brings together sociologists, political scientists, legal scholars and historians for an interdisciplinary critical evaluation of alleged ‘new modes’ of social change, specifically risk, publics and participation. The editors’ aim is to refocus scholarly attention on the possibility of intentional social change in contemporary society which underpin all novelty claims in regulation and governance research and practice. This book gives significant insight into the new methods of social change, suiting a wide range of social science academics due to its collaborative nature.
'Starting from the idea that market and state are intertwined domains, and explaining the economy as a system of communication evolving through innovation, this excellent book makes a valuable contribution to understanding government rule setting in knowledge-based economies. It provides a taxonomy of ways in which government rules function more or less successfully, and addresses the important problem of institutional vulnerability. Intellectual property rights laws and reform of health care systems are perceptively discussed. This book is strongly recommended for public policy experts and researchers investigating the publicprivate economy.' John Davis, Marquette University, US and University of Amsterdam, The Netherlands 'Since the 1970s the conventional wisdom has been that governments should retreat from the economic sphere and enhance the role of markets. The financial crash of 2008 has brought that into question. This stimulating set of essays considers the role of government in modern complex economies. Addressing the potential for both government failure and market failure, and drawing on empirical evidence, these studies are important contributions to a revived debate.' Geoffrey M. Hodgson, University of Hertfordshire, UK 'The idea that governments as well as markets can fail has been central to the public choice literature for the last half century. Typically government failure is described and measured as excessive expenditures or unbalanced budgets. This original book points out that government failures often take the form of inappropriate or inconsistent rules governing the private sector. The argument is nicely illustrated using real-world examples in the areas of healthcare, innovation, and intellectual property. The book is a timely and important contribution to the literature.' Dennis C. Mueller, University of Vienna, Austria This highly unique book takes a fundamental look at when and how a government can fail at its core responsibility of formulating rules. Government, representing society, relates to the economy by formulating the rules within which (market) players should operate. Although market and business failure are much discussed in the economics literature, government failure is often overlooked. This book addresses this gap, exploring in detail what constitutes government failure. Wilfred Dolfsma illustrates that it is not adequate to discuss government failure simply with reference to its level of expenditure, as is usually the case. Defining government failure and analysing it in the domains of health care, innovation and technology, he explores topics such as how market and society relate, consequences of conflicts between government policies, how government should (not) intervene, the vulnerability of institutions and rules (set out by government), and suggests a welfare perspective for evaluative purposes. This stimulating and thought provoking book will prove a fascinating read for academics, researchers and advanced students in economics particularly public choice and institutional economics public administration, policy studies, and law and economics.
This report encourages governments to “think big” about the relevance of regulatory policy and assesses the recent efforts of OECD countries to develop and deepen regulatory policy and governance.
This state-of-the-art book develops the parameters of ‘governance analysis’ as a critical mode of enquiry. From a synthesis of theoretical approaches to public policy and governance, it offers a critical analytical perspective for empirical research and the development of theories of governance. This perspective is applied to seven detailed examples, from local to international and comparative public policy. Both innovative and unique, Governance Analysis shows that the messy real life of policymaking and its implications can be analysed systematically and insightfully without retreating to outdated ‘models’ of public policymaking or case-specific critique. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} span.s1 {font: 10.0px Helvetica}
What will it take to protect the global environment? In this book, Ronnie D. Lipschutz argues that neither world government nor green economics can do the job. Governmental regulations often are resisted by those whose behavior they are intended to change, and markets—even green ones—look to profits more than to protection. What will be needed, Lipschutz believes, is not global management but political action through community- and place-based organizations and projects. People acting together locally can have a cumulative impact on environmental quality that is significant, long lasting, and widespread. The comparative case studies of environmental activism in Northern California, Hungary, and Indonesia (the latter written by Judith Mayer) illustrate one of the central premises of this book: that local action is linked increasingly to globe-spanning networks of knowledge and practice, in what Lipschutz calls global civil society. The result is a system of governance that is both local and global, to which states and international organizations are turning increasingly for help and advice.
As the power and sophistication of of 'big data' and predictive analytics has continued to expand, so too has policy and public concern about the use of algorithms in contemporary life. This is hardly surprising given our increasing reliance on algorithms in daily life, touching policy sectors from healthcare, transport, finance, consumer retail, manufacturing education, and employment through to public service provision and the operation of the criminal justice system. This has prompted concerns about the need and importance of holding algorithmic power to account, yet it is far from clear that existing legal and other oversight mechanisms are up to the task. This collection of essays, edited by two leading regulatory governance scholars, offers a critical exploration of 'algorithmic regulation', understood both as a means for co-ordinating and regulating social action and decision-making, as well as the need for institutional mechanisms through which the power of algorithms and algorithmic systems might themselves be regulated. It offers a unique perspective that is likely to become a significant reference point for the ever-growing debates about the power of algorithms in daily life in the worlds of research, policy and practice. The range of contributors are drawn from a broad range of disciplinary perspectives including law, public administration, applied philosophy, data science and artificial intelligence. Taken together, they highlight the rise of algorithmic power, the potential benefits and risks associated with this power, the way in which Sheila Jasanoff's long-standing claim that 'technology is politics' has been thrown into sharp relief by the speed and scale at which algorithmic systems are proliferating, and the urgent need for wider public debate and engagement of their underlying values and value trade-offs, the way in which they affect individual and collective decision-making and action, and effective and legitimate mechanisms by and through which algorithmic power is held to account.
An interdisciplinary survey of the issues surrounding the governance of the Internet.
This volume introduces readers to regulatory theory. Aimed at practitioners, postgraduate students and those interested in regulation as a cross-cutting theme in the social sciences, Regulatory Theory includes chapters on the social-psychological foundations of regulation as well as theories of regulation such as responsive regulation, smart regulation and nodal governance. It explores the key themes of compliance, legal pluralism, meta-regulation, the rule of law, risk, accountability, globalisation and regulatory capitalism. The environment, crime, health, human rights, investment, migration and tax are among the fields of regulation considered in this ground-breaking book. Each chapter introduces the reader to key concepts and ideas and contains suggestions for further reading. The contributors, who either are or have been connected to the Regulatory Institutions Network (RegNet) at The Australian National University, include John Braithwaite, Valerie Braithwaite, Peter Grabosky, Neil Gunningham, Fiona Haines, Terry Halliday, David Levi-Faur, Christine Parker, Colin Scott and Clifford Shearing.
The scale, effectiveness and legitimacy of global governance lag far behind the world's needs. This path-breaking book examines how far civil society involvement provides an answer to these problems. Does civil society make global governance more democratic? Have citizen action groups raised the accountability of global bodies that deal with challenges such as climate change, financial crises, conflict, disease and inequality? What circumstances have promoted (or blocked) civil society efforts to make global governance institutions more democratically accountable? What could improve these outcomes in the future? The authors base their argument on studies of thirteen global institutions, including the UN, G8, WTO, ICANN and IMF. Specialists from around the world critically assess what has and has not worked in efforts to make global bodies answer to publics as well as states. Combining intellectual depth and political relevance, Building Global Democracy? will appeal to students, researchers, activists and policymakers.
We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.