- Elgar original reference
Edited by David Levi-Faur
Chapter 23: The Pragmatic Politics of Regulatory Enforcement
Salo Coslovsky, Roberto Pires, and Susan S. Silbey This chapter describes regulatory enforcement as an intrinsically political endeavor. We argue that regulatory enforcement, as enacted daily by front-line enforcers around the world, consists of the production of local agreements and arrangements that realign interests, reshape conflicts, and redistribute the risks, costs, and benefits of doing business and complying with the law. We argue that, through their transactions, both the regulators and the regulated reshape both their interests and the environment in which they operate, reconstructing their perceptions of and preferences for compliance. We call this phenomenon the “sub-politics of regulatory enforcement,” and claim that it provides a springboard for a pragmatic approach to better regulation. We begin by tracing the trajectory of the field of regulatory enforcement to identify some of its current boundaries. Next, we explore recent research on inspectors and street-level regulatory agents, introducing the notion of “sub-politics of regulatory compliance.” This construct evokes a conception of politics that differs from the idea that predominates in the regulatory enforcement literature. Contrary to those who see enforcement styles and strategies as independent variables determining compliance, we posit that enforcement agencies and regulated entities engage in an indeterminate exploration of their institutional surroundings to create legal, technological, and managerial artifacts and agreements to address practical problems of doing business and complying with law. These agents move beyond imposing fines, issuing warnings, or educating their subjects. Rather, they engage in what we describe as a terrain of sub-politics by building agreements...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.