Really Responsive Regulation

36 Pages Posted: 9 Jan 2008

See all articles by Robert Baldwin

Robert Baldwin

London School of Economics - Law Department

Julia Black

London School of Economics - Law Department

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Abstract

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.

Suggested Citation

Baldwin, Robert and Black, Julia, Really Responsive Regulation. Modern Law Review, Vol. 71, No. 1, pp. 59-94, January 2008, Available at SSRN: https://ssrn.com/abstract=1081748 or http://dx.doi.org/10.1111/j.1468-2230.2008.00681.x

Robert Baldwin

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom
44 0171 955 7258 (Phone)

Julia Black (Contact Author)

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

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