The Regulatory State and Beyond

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Title: The Regulatory State and Beyond
Authors: Scott, Colin
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Date: 2017
Abstract: In John Braithwaite’s remarkable set of contributions to thinking about and practice of regulation over four decades the state is one of the central organising concepts. This is true for most 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 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 privatization 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.
Type of material: Book Chapter
Publisher: ANU Press
Keywords: RegulationMeta-regulationGovernanceResponsive regulation
DOI: 10.22459/RT.02.2017
Language: en
Status of Item: Peer reviewed
Is part of: Drahos, P. (eds ). Regulation, Institutions and Networks
Appears in Collections:Law Research Collection

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