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The Regulatory State and Beyond
Author(s)
Date Issued
2017
Date Available
2017-01-10T02:00:08Z
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
Language
English
Status of Item
Peer reviewed
Part of
Drahos, P. (eds ). Regulation, Institutions and Networks
ISBN
9781760461010
This item is made available under a Creative Commons License
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