regulation

regulation, in government, a rule or mechanism that limits, steers, or otherwise controls social behaviour.

Defining regulation

Regulation has a variety of meanings that are not reducible to a single concept. In the field of public policy, regulation refers to the promulgation of targeted rules, typically accompanied by some authoritative mechanism for monitoring and enforcing compliance. Accordingly, for a long time in the United States, for example, the study of regulation has been synonymous with the study of the independent agencies enforcing it. In political economy, it refers to the attempt of the state to steer the economy, either narrowly defined as the imposition of economic controls on the behaviour of private business or, more broadly, to include other governmental instruments, such as taxation or disclosure requirements. The two meanings share a focus on the state’s attempt to intervene in private activities.

A third definition of regulation moves beyond an interest in the state and focuses on all means of social control, either intentional or unintentional. This understanding is commonly applied in anthropology, sociolegal studies, and international relations because it includes mechanisms such as voluntary agreements or norms that exercise social control outside the reach of a sovereign state and not necessarily as an intentional act of steering.

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Property law: Regulatory

Thus, different strands of regulation studies share an agreement on the subject of regulation (the state), the object (the behaviour of nongovernmental actors), the instruments (an authoritative set of rules), or the domain of application (e.g., the economy). However, they do not necessarily agree on all those elements. The concept of regulation points to the rules that structure the behaviour of individuals within a given context without postulating where the rules come from and how they are imposed.

Regulation and free-market interactions

The diversity of meanings of regulation has led to controversy and misunderstandings between scholars, most notably on the topic of deregulation. In the economic tradition, deregulation refers to the elimination of specific controls imposed by the government on market interactions, in particular the attempt to control market access, prices, output, or product quality. However, if regulation is conceived of more broadly as a form of economic governance, it is difficult to imagine the total elimination of state intervention. Moreover, the relationship between regulation and competition has been transformed. Regulation used to be depicted as the enemy of free-market interactions. However, many scholars came to believe that some regulations facilitate competition whereas other regulations impede competition. Thus, regulation is not necessarily the antonym of free markets or liberalization (relaxation of government controls). In this perspective, many scholars preferred using the terms reregulation or regulatory reform instead of the term deregulation. (See also competition policy.)

Regulation as state activity

The theoretical debates around the concept of regulation reflect different disciplines and research agendas and can be broadly divided into approaches to regulation as an act of government and perspectives on regulation as governance. Regulation as a governmental activity has been studied extensively, including the reasons for regulation and the process by which it is effected.

Public versus private interests

The original justification of government intervention in economic interactions was public interest. This perspective considers the market as an efficient allocation mechanism of social and economic welfare while also cautioning against market failures. Market failures commonly include natural monopolies, externalities, public goods, asymmetric information, moral hazard, or transaction costs. Regulation was considered necessary to overcome those difficulties.

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Conceiving regulation as a tool for overcoming market imperfections, however, has been criticized on a number of points. First, with the evolution of economic theory, several scholars have questioned the understanding of market failure underlying the explanation of government regulation. Second, economists have pointed out the often considerable transaction costs of imposing regulation, which might make it an ineffective policy tool and harmful to social or economic welfare. Finally, the market failure approach argues that regulation is put into place with the goal of achieving economic efficiency. However, this makes it hard to account for other objectives, such as procedural fairness or redistribution at the expense of efficiency.

The Chicago school of economics, known for its advocacy of laissez-faire economics, focused instead on private interests as the source of regulation. The principal aim of this perspective is to understand how private interests and public officials interact. A central claim made by theorists following this approach was that policy outcomes are most often contrary to societal or public interest because industry representatives lobby the government for benefits they might gain through protectionism or other forms of economic controls. Politicians are susceptible to these demands because they are interested in financial contributions that business actors can offer. Thus, interest groups compete for specific policies in a political market for governmental regulation. As long as interest groups exist, regulation can be expected, which impedes the achievement of maximal social and economic welfare.

The theory of economic regulation has been criticized for its risk of tautology. Regulation is in place because private interests lobbied for it effectively, and, as a consequence, one can only know who asked for it by determining who benefits from it. Therefore, a particular industry advantage is the cause and effect of regulation. Furthermore, if regulation is defined in a narrow sense as specific economic policies aimed at the control of prices or market entry and access, the decrease in regulation of several industries in the United States during the 1970s and ’80s seemingly refutes the theory. Nonetheless, as a model of business-government interactions, the theory of economic regulation directly or indirectly informs a large number of studies in the field of political economy.

Regulation as governance

In the context of economic globalization, regulatory studies moved away from focusing on independent agencies and governmental control of the economy only. Scholars recognized that some interactions of market participants, product standards, or processes were no longer regulated through state intervention. Rather, they were regulated through international agreements or even self-regulation arrangements between private actors. Because it seemed pertinent to address these new modes of economic governance, it became common to address regulation in the absence of direct governmental authority. Other studies pointed at patterns that govern the behaviour of certain actors without reference to a unitary subject of regulation.

Regulation without the state

As in the context of the EU, scholars of regulatory reform also became interested in regulation at the international level. In certain sectors, such as e-commerce or telecommunications, international agreements had become decisive for controlling the market behaviour of individuals. Moreover, many studies pointed out the effect of self-regulation of firms or various sets of public-private partnerships for the elaboration, monitoring, or implementation of targeted rules. They showed how different forms of private authority structure the economic behaviour of firms in sectors as diverse as maritime transport, mineral markets, or financial services.

It is often difficult to identify exactly who or what leads to the rise or fall of regulatory reforms. While regulation and deregulation in the United States can be identified closely with specific political leaders and parties, a growing literature investigates what mechanisms lead to the diffusion of regulatory reforms across countries or policy contexts. Animated by the desire to understand regulatory emulation, this research agenda connects the study of regulation with the ongoing debate about the roots and consequences of liberalization and globalization.