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Social Regulation By: David A. Strauss

Social Regulation By: David A. Strauss. As presented by Lester M. Salamon. Introduction. Issue: Social Regulation has a diverse set of elements. Social Regulation is an indirect tool of government. Eugene Bardach.

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Social Regulation By: David A. Strauss

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  1. Social RegulationBy: David A. Strauss As presented by Lester M. Salamon

  2. Introduction • Issue: Social Regulation has a diverse set of elements. • Social Regulation is an indirect tool of government

  3. Eugene Bardach • “Social regulation is correcting failures of the legal system- mainly liability and tort law- to prevent harms or to promote positive ends. These in turn arise from failures in the market.”

  4. Defining “The” Tool • Clarifying the difference between Social and Economic Regulation. • Economic: Financial Market Regulation; FTC Regulations; Federal Reserve System. • Social: Welfare; Public Safety; Medicaid. • Both types of regulation are often blurred.

  5. Defining “The” Tool • Four (4) Elements of Social Regulation: • Rule that govern expected behavior. • Standards that serve as benchmarks. • Sanctions for non-compliance. • Administrative apparatus that enforces rules and administers sanctions.

  6. Defining “The” Tool • Rules vs. Regulations: • Rules: Substantive Rules vs. Procedural Rules • Regulations: Ex Ante regulation vs. Ex Post Regulation.

  7. Patterns of Tool Use • A Brief History: • Babylonian Building Code • Plymouth Colony Roofing Code (c1626) • Fire Codes of London (c1666) • American Meat Inspection Act (c1907)

  8. Patterns of Tool Use • United States Regulatory System has: • A FORMAL SYSTEM for development. • A FORMAL and LEGAL style of enforcement

  9. Patterns of Tool Use • Modern trend of regulation is toward market-orientated systems. • Started with the Reagan Administration • Continued, to an extent, with the Clinton Administration. • Modern developments include market-like mechanisms; emission and pollution trading systems; and negotiated rulemaking.

  10. Basic Mechanics • “Rules are the path on which Social Regulation follows.” • Social Regulation involves: • Est. of Rules • Development of Standards • Est. of penalties and rewards • Design & implementation of enforcement systems

  11. Basic Mechanics • Rules: • Good rules are defined with respect to their legitimacy, fairness, & predictability. • Rulemaking process set forth in Administrative Procedure Act of 1946.

  12. Basic Mechanics • Standards: Setting Benchmarks • Rules are sufficiently complex that they require specification of standards for performance. • Approach and consideration of technical issues • Legal issues • Economic issues

  13. Basic Mechanics • Penalties & Rewards: • Compliance Rates • Factoring Cost of Compliance into Cost of Doing Business

  14. Basic Mechanics • Enforcement Systems • Complaint-Based Systems • HACCP Inspection System • Flexibility vs. Coercion

  15. One MAJOR Point • Regulatees (Targeted Group) vs. Beneficiaries

  16. Management Challenges • Reducing Conflicts • Inconsistent Implementation • Inadequate Resources • Fostering Intergovernmental Partnerships

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