Regulatory Governance: History, Theories, Strategies, and Challenges

2021 ◽  
Author(s):  
David Levi-Faur ◽  
Yael Kariv-Teitelbaum ◽  
Rotem Medzini
Keyword(s):  
Self Regulation ◽  
Social Risk ◽  
Regulatory State ◽  
Private Regulation ◽  
Regulatory Governance ◽  
Regulatory Strategies ◽  
Civil Regulation ◽  
Theoretical Perspectives ◽  
Democratic Control ◽  
Regulatory Regimes

Regulation, that is, rulemaking, rule monitoring, and rule enforcement, is both a key policy and legal instrument and a pillar of the institutions that demarcate political, social, and economic lives. It is commonly defined as a sustained and focused control mechanism over valuable activities using direct and indirect rules. Most frequently, regulation is associated with the activity of public independent regulatory agencies, designed to promote economic, social, risk-management, integrity, or moral goals. Since the 1990s, more and more states worldwide are establishing such agencies and placing more emphasis on the use of authority, rules, and standard-setting, thus partially displacing earlier emphasis on public ownerships and directly provided services. Alongside this rise of the “regulatory state,” the expansion of regulation is also reflected in the rapidly growing variety of regulatory regimes that involves nonstate actors, such as private regulation, self-regulation, and civil regulation. Regulatory regimes can be explained and assessed from three theoretical perspectives: public-interest theories, private-interest theories, and institutional theories. Each perspective shines a different light on the motivations of the five regulatory actors: rule-makers, rule intermediaries, rule-takers, rule beneficiaries, and citizens. Over the years, diverse regulatory strategies evolved, including: prescriptive strategies that attempt to mandate adherence in precise terms what is required from the rule-takers; performance-based strategies that set in advance only the required outcomes; and process-based strategies that attempt to influence the internal incentives and norms of rule-takers. Although it appears that regulation is here to stay as a keystone of society, it still faces fundamental challenges of effectiveness, democratic control, and fairness.

scholarly journals The Equator Principles: Evaluating the Exposure of Commercial Lenders to Socio-Environmental Risk

2012 ◽  
Vol 13 (12) ◽  
pp. 1490-1510 ◽  
Author(s):  
Andrian Lozinski
Keyword(s):  
Large Scale ◽  
Project Finance ◽  
International Project ◽  
Social Risk ◽  
Regulatory State ◽  
Governance System ◽  
Social Scientists ◽  
Regulatory Governance ◽  
Equator Principles ◽  
Private And Public

As a system of managing environmental and social risk in the sector of large-scale international project finance, the Equator Principles (EPs) have generated increased interest and critical engagement in the private, public, and academic spheres. Particular research in the field of transnational governance is especially concerned with assessing the degree in which private and public actors are revolutionizing the methods and procedures of governance in the wake of the decline of the welfare state, and rise of the post-regulatory state. Social scientists and legal theorists alike have begun analyzing the effects of a shift in the “emphasis of control, to a greater or lesser degree, from traditional bureaucratic mechanisms towards instruments of regulation.” Within this context, the EPs present an opportunity to analyze and assess the structure, procedures and effectiveness of a self-regulatory governance system, voluntarily established by private actors in the international project finance sector, to mitigate social and environmental risks.

Consumer-inclusive economic regulation: water pricing under different regulatory regimes

Water Policy ◽  
2011 ◽  
Vol 13 (4) ◽  
pp. 459-470 ◽  
Author(s):  
María Pascual Sanz ◽  
Marco Schouten ◽  
Michael Hantke-Domas
Keyword(s):  
Literature Review ◽  
The Netherlands ◽  
Empirical Evidence ◽  
Self Regulation ◽  
Water Pricing ◽  
Economic Regulation ◽  
Negotiation Model ◽  
Regulatory Governance ◽  
Comparative Case Studies ◽  
Regulatory Regimes

This paper investigates whether and how different regulatory regimes for water pricing incorporate mechanisms for consumer inclusion. A literature review suggests that the more separation between policymaking and economic regulation, the higher the incorporation of regulatory governance principles such as transparency, accountability and participation. Our comparative case studies of the system of self-regulation in The Netherlands, the bipartite negotiation model in Spain, and the Scottish model of independent regulation provides additional empirical evidence to this hypothesis.

scholarly journals Biobehavioral Mechanisms of Mindfulness as a Treatment for Chronic Stress: An RDoC Perspective

2017 ◽  
Vol 1 ◽  
pp. 247054701771191 ◽  
Author(s):  
Eric L. Garland ◽  
Adam W. Hanley ◽  
Anne K. Baker ◽  
Matthew O. Howard
Keyword(s):  
Chronic Stress ◽  
Scientific Evidence ◽  
Self Regulation ◽  
Mental Health Research ◽  
Treatment Development ◽  
Attentional Function ◽  
Regulatory Strategies ◽  
The Face ◽  
Meta Analyses ◽  
Mechanisms Of Mindfulness

Mindfulness-based interventions have been heralded as promising means of alleviating chronic stress. While meta-analyses indicate that mindfulness-based interventions significantly reduce global measures of stress, how mindfulness-based interventions modulate the specific mechanisms underpinning chronic stress as operationalized by the National Institute of Mental Health research domain criteria (RDoC) of sustained threat has not yet been detailed in the literature. To address this knowledge gap, this article aims to (1) review evidence that mindfulness-based interventions ameliorate each of the 10 elements of behavioral dysregulation characterizing sustained threat via an array of mindful counter-regulatory strategies; (2) review evidence that mindfulness-based interventions modify biological domains implicated in sustained threat, such as the hypothalamic–pituitary–adrenal axis, as well as brain circuits involved in attentional function, limbic reactivity, habit behavior, and the default mode network; and (3) integrate these findings into a novel conceptual framework of mindful self-regulation in the face of stress—the Mindfulness-to-Meaning Theory. Taken together, the extant body of scientific evidence suggests that the practice of mindfulness enhances a range biobehavioral factors implicated in adaptive stress coping and induces self-referential plasticity, leading to the ability to find meaning in adversity. These mechanistic findings can inform the treatment development process to optimize the next generation of mindfulness-based interventions for greater therapeutic efficacy.

scholarly journals Learner autonomy, self-regulation skills and self-efficacy beliefs – How can students’ academic writing skills be supported?

2020 ◽  
Vol 10 (2) ◽  
pp. 381-402
Author(s):  
Åsa Mickwitz ◽  
Marja Suojala
Keyword(s):  
Academic Writing ◽  
Learning Process ◽  
Self Efficacy ◽  
Self Regulation ◽  
Writing Skills ◽  
Efficacy Beliefs ◽  
Traditional Learning ◽  
Multiple Choice Questions ◽  
Regulatory Strategies ◽  
Academic Settings

Abstract High self-efficacy beliefs and effective self-regulatory strategies are increasingly important in academic settings, and especially in developing academic writing skills. This article deals with how students develop academic writing skills in two different pedagogical settings (as autonomous learners and in a traditional learning environment), and how this is associated with the students’ self-regulatory strategies and self-efficacy beliefs. In the study, self-regulatory skills referred to the ability to take charge of, manage and organize the learning process, while self-efficacy beliefs were defined as the strength of students’ confidence to accomplish an extensive task and sense of succeeding. The method was quantitative, including some qualitative elements, and data was elicited through a survey answered by 150 students, after they had attended courses in academic writing. The survey consisted of 1 open-ended question and 16 multiple-choice questions (a five-point Likert scale). The data was analyzed using SPSS. The results show that self-regulatory skills and self-efficacy beliefs have a greater impact on learning academic writing skills in traditional learning settings than in learning settings where the students are supposed to work more independently, and where teacher support is not available to the same extent.

Commodification, vulnerability, risk: gendered social policy developments in the United States, 1980–2018

2019 ◽  
Vol 35 (1) ◽  
pp. 41-58 ◽  
Author(s):  
Marie Laperrière ◽  
Ann Shola Orloff ◽  
Jane Pryma
Keyword(s):  
Parental Leave ◽  
Labour Force ◽  
Self Regulation ◽  
Labour Force Participation ◽  
The United States ◽  
Welfare States ◽  
Social Risk ◽  
Social Risks ◽  
The Us ◽  
The 1960S

AbstractOver the last few decades, the position of women vis-à-vis the welfare state has changed dramatically. Welfare states have adapted to women's increased labour force participation and to the “new social risks” that characterize postindustrial societies. In this paper, we examine gendered policy developments in the US, focusing on conceptions of vulnerability that inform policies meant to mitigate gendered social risks. Focusing on three policy areas: parental leave, domestic violence and disability, we show that policies increasingly target women's integration into the workforce and self-regulation as strategies to mitigate gendered social risk. We also discuss how these policies rely on individual interventions implemented by what we call punitive therapy practitioners, who encourage women's workforce participation and psychological self-regulation. Finally, we argue that enduring gendered conceptions of vulnerability have shaped the specific designs of policies that emerged in the 1960s–1970s, intensified through the 1980s, 1990s, and early 2000s, and persist today.

Mark-UP

2010 ◽  
pp. 278-294
Author(s):  
Mark McMahon
Keyword(s):  
Undergraduate Students ◽  
Reading Skills ◽  
Self Regulation ◽  
Cognitive Strategies ◽  
Academic Skills ◽  
Information Design ◽  
Student Experiences ◽  
Self Monitoring ◽  
Regulatory Strategies ◽  
High Level

While reading skills are an accepted key skill both for life and study, the capacity to read critically and apply reading concepts to solve problems and develop higher order conceptual understandings requires a high level of cognitive self-regulation that students do not always have. This chapter describes the development of and research into an environment, Mark-UP, designed to promote the self-monitoring inherent in regulating reading comprehension. The environment consists of a range of tools to assist learners in monitoring their comprehension through annotation, discussion, problem-solving and so on. The tool was applied to a class of undergraduate students in Interface and Information Design at an Australian university. The research involved questionnaires of the whole cohort as well as case studies of a number of student experiences with the environment, using interview and analysis of the students’ portfolios. The study found that, concerning students with weak academic skills, Mark-UP provided some support for their learning, but for stronger students it replicated cognitive strategies that they had already developed. The product was most effective for those students with moderate existing academic skills as it articulated and modeled strategies for reading that they could apply and go beyond to develop their own cognitive regulatory strategies for reading.

The Political Development of the Regulatory State

2015 ◽  
Author(s):  
Richard Harris
Keyword(s):  
Political Development ◽  
Charles Darwin ◽  
Gilded Age ◽  
The United States ◽  
The Political ◽  
Regulatory State ◽  
Private Regulation ◽  
Business Power ◽  
Private And Public ◽  
New Ideas

This chapter advances the argument that regulation in the United States developed through a pattern of actions and reactions set in motion by business corporations and financiers of the Gilded Age attempting to control markets through cooperative institutional arrangements such asstock poolingandtrusts, justified by new ideas based on work of Charles Darwin and Frederick Taylor. These efforts at “private regulation” evoked demands from first populists and then progressives for government intervention to counter not only the economic impacts these new ideas and institutions but also the concentrations of business power that created and defended them. These demands for “public regulation” led to America’s first national regulatory laws and agencies. The evolution of the regulatory state in America reflects a succession of alternating private and public regulatory regimes, each characterized by a distinct set of regulatory ideas justifying its defining regulatory institutions and polices.

TAKEOVER REGULATION: HISTORICAL AND THEORETICAL PERSPECTIVES ON THE CITY CODE

2007 ◽  
Vol 66 (2) ◽  
pp. 422-460 ◽  
Author(s):  
Andrew Johnston
Keyword(s):  
Low Cost ◽  
Self Regulation ◽  
Company Law ◽  
General Management ◽  
Theoretical Perspectives ◽  
The Common ◽  
The City ◽  
Defensive Measures ◽  
Regulatory Measure ◽  
The Way

The City Code on Takeovers and Mergers has generally been lauded as a system of self-regulation that offers the advantages of speed, flexibility and low cost administration by experts. Many of its provisions are uncontroversial and do indeed reflect a consensus view about the way in which takeovers should be carried out. However, the Code's prohibition on defensive measures by management in the event of a takeover is far more controversial. This article argues that the City Code – and the prohibition on defensive measures in particular - was introduced because the common law had demonstrated itself incapable of putting in place a system of takeover regulation that ensured the takeover remained a viable means of ensuring managerial accountability to shareholders. Its introduction in 1968 fundamentally transformed the UK's system of corporate governance. Through its prohibition on defensive measures once a takeover becomes imminent, the Code truncates the general management discretion that lies at the heart of company law and forces management to focus on the generation of short-term shareholder value. What is striking is that this fundamental reorientation of the way in which companies are controlled was brought about not by an Act of Parliament but by a self-regulatory measure put in place by financial institutions. Following the implementation of the Takeover Directive, which itself was heavily influenced by the City Code, the Companies Act 2006 now requires the Takeover Panel to maintain that prohibition.

scholarly journals Doing despite Disliking: Self–Regulatory Strategies in Everyday Aversive Activities

2019 ◽  
Vol 33 (1) ◽  
pp. 104-128 ◽  
Author(s):  
Marie Hennecke ◽  
Thomas Czikmantori ◽  
Veronika Brandstätter
Keyword(s):  
Emotion Regulation ◽  
Self Regulation ◽  
Self Control ◽  
Negative Consequences ◽  
Comprehensive Understanding ◽  
Pilot Studies ◽  
Personality Psychology ◽  
Beneficial Effects ◽  
Regulatory Strategies ◽  
Self Reports

We investigated the self–regulatory strategies people spontaneously use in their everyday lives to regulate their persistence during aversive activities. In pilot studies (pooled N = 794), we identified self–regulatory strategies from self–reports and generated hypotheses about individual differences in trait self–control predicting their use. Next, deploying ambulatory assessment ( N = 264, 1940 reports of aversive/challenging activities), we investigated predictors of the strategies’ self–reported use and effectiveness (trait self–control and demand types). The popularity of strategies varied across demands. In addition, people higher in trait self–control were more likely to focus on the positive consequences of a given activity, set goals, and use emotion regulation. Focusing on positive consequences, focusing on negative consequences (of not performing the activity), thinking of the near finish, and emotion regulation increased perceived self–regulatory success across demands, whereas distracting oneself from the aversive activity decreased it. None of these strategies, however, accounted for the beneficial effects of trait self–control on perceived self–regulatory success. Hence, trait self–control and strategy use appear to represent separate routes to good self–regulation. By considering trait– and process–approaches these findings promote a more comprehensive understanding of self–regulatory success and failure during people's daily attempts to regulate their persistence. © 2018 European Association of Personality Psychology

Music for mothers and babies: A view from alternative theoretical perspectives

2019 ◽  
Vol 14 (2) ◽  
pp. 193-209 ◽  
Author(s):  
Susan Young
Keyword(s):  
Self Regulation ◽  
Psychological Theory ◽  
Biological Anthropology ◽  
Culture Studies ◽  
Intensive Mothering ◽  
The United Kingdom ◽  
Theoretical Perspectives ◽  
English Speaking ◽  
Feminist Musicology ◽  
Written Sources

This article is based on a recently completed review of mother and baby music programmes that draws mainly on the various written sources associated with those programmes. The review looked primarily at programmes in the United Kingdom with some examples from other English-speaking countries. The review process revealed that the rationales and theories that underpin these programmes are highly psychologized, drawing on a reinvigoration of attachment theory that has become interwoven with recent ideas from neuroscience. It also revealed that the written sources do not acknowledge or reflect upon the wider social, cultural and political context which drives and shapes this rapidly expanding area. Drawing on alternative theoretical perspectives from parenting culture studies, post-feminist theory, sociology, biological anthropology and feminist musicology, I develop a discussion that explores how mother and baby music resides on a powerful blend of mothering ideology and psychological theory. This blend and the practices it has given rise to, reinforce intensive mothering practices that do not ameliorate but rather perpetuate and reinforce gendered, racialized and classed inequalities. Intensive mothering in a neo-liberal society supposedly offers choice, autonomy and fulfilment as a mother, but in reality requires unrealistic levels of investment and self-regulation by the mother that can result in conflicted feelings of guilt and anxiety.

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