Regulatory Interventions Beyond the Law: Towards a Typology of the Extra-Legal Frontier
Posted: 25 Jul 2015 Last revised: 10 Sep 2015
Date Written: July 15, 2015
Regulators can avert corporate behaviour that inflicts risks on society, but is nevertheless compliant with the law. Such regulatory interventions beyond the law evoke contentious questions about their objects, legitimacy, methods, and the norms employed. No framework yet exists to analyse these questions in conjunction. Therefore, this paper proposes a typology of the extra-legal frontier. The typology is based on a range of discretionary attitudes of regulators towards their enforcement mandate. This range comprises four types of regulators, with an increasingly extensive attitude: Law Enforcer, Legislative Agent, Social Broker, and Public Architect. The typology integrates diffuse scholarly insights into a coherent framework, which offers regulators and their stakeholders a starting point for reflection on interventions beyond the law.
Keywords: regulatory interventions beyond the law, regulation, extra-legal interventions, mandate, typology, legitimacy
JEL Classification: I18, K20, L50
Suggested Citation: Suggested Citation