Book contents
- Frontmatter
- Contents
- List of figures and tables
- Notes on contributors
- Foreword
- Acknowledgements
- 1 Regulation and criminal justice: exploring the connections and disconnections
- PART I Regulation and criminal justice: framing the debate
- PART II Criminal justice as regulation: responsivity, alternatives and expansion
- 5 Nodal governance and the Zwelethemba Model
- 6 Regulatory compliance: organizational capacities and regulatory strategies for environmental protection
- 7 An intoxicated politics of regulation
- 8 Governing by civil order: towards new frameworks of support, coercion and sanction?
- 9 Counter-terrorism and community relations: anticipatory risk, regulation and justice
- PART III Regulation of criminal justice: monitoring, effectiveness and accountability
- Index
- References
6 - Regulatory compliance: organizational capacities and regulatory strategies for environmental protection
Published online by Cambridge University Press: 04 February 2011
- Frontmatter
- Contents
- List of figures and tables
- Notes on contributors
- Foreword
- Acknowledgements
- 1 Regulation and criminal justice: exploring the connections and disconnections
- PART I Regulation and criminal justice: framing the debate
- PART II Criminal justice as regulation: responsivity, alternatives and expansion
- 5 Nodal governance and the Zwelethemba Model
- 6 Regulatory compliance: organizational capacities and regulatory strategies for environmental protection
- 7 An intoxicated politics of regulation
- 8 Governing by civil order: towards new frameworks of support, coercion and sanction?
- 9 Counter-terrorism and community relations: anticipatory risk, regulation and justice
- PART III Regulation of criminal justice: monitoring, effectiveness and accountability
- Index
- References
Summary
Introduction
In this chapter we argue that forms of regulation vary in their capacity to influence behaviour. This is because the receptive capacity to particular forms of regulation varies between different actors. As a consequence, the successful application of regulatory approaches will only be secured if they are correctly aligned to these receptive capacities. This is a critical issue, particularly as the focus within the literature on regulatory compliance has tended to be on the relative effectiveness of different regulatory strategies and tools, without considering in any depth this question of differential capacity to respond. In a sense, our argument constitutes an extension and elaboration of the idea of responsive regulation (Ayres and Braithwaite 1992; Grabosky, Chapter 4, this book): we argue, in effect, that regulators should be responsive not only to the conduct of those they seek to regulate but also to their capacities to comply and internalize different approaches. This has some important implications for regulatory strategies.
To develop this argument and substantiate our claims, we focus on one specific substantive area, namely, environmental regulation directed at private sector businesses. This is, of course, an important area in its own right but we suggest that our argument has wider implications, including for the criminal justice arena, and we return to consider these in our conclusion.
- Type
- Chapter
- Information
- Regulation and Criminal JusticeInnovations in Policy and Research, pp. 134 - 161Publisher: Cambridge University PressPrint publication year: 2010
References
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