Democratic Rulemaking

Author(s):  
John M. de Figueiredo ◽  
Edward H. Stiglitz

This chapter examines to what extent agency rulemaking is democratic. It identifies four major theoretical approaches to administrative rulemaking: the unitary executive theory, emphasizing presidential control and accountability; the structure and process school of thought, emphasizing congressional control; the insulation perspective, holding that the public interest and democratic values are often best advanced by limiting political control over administrative agencies; and the deliberative perspective, arguing that rulemaking is the “best hope” for achieving a vision of deliberative democracy. Each theory is evaluated in light of two normative benchmarks: a “democratic” benchmark based on voter preferences, and a “republican” benchmark based on the preferences of elected representatives. It then evaluates how the empirical evidence lines up in light of these two approaches. The chapter concludes with a discussion of avenues for future research.

Author(s):  
Lawrence Susskind ◽  
Jessica Gordon ◽  
Yasmin Zaerpoor

Deliberative democracy and public dispute resolution (PDR) have the same goal—to inform and determine the public interest—but they involve different skills and practices. This article considers the ways in which deliberative democratic approaches to policy-related decision-making can be supplemented with tools used in public dispute resolution—specifically, the use of an independent mediator, the well-developed technique of stakeholder assessment, and a new strategy called joint fact-finding, where stakeholders with different interests work together with outside experts to identify common assumptions, gather information together, and formulate and clarify opinions. All are designed to achieve fairer, wiser, more stable and more efficient outcomes.


2020 ◽  
pp. 107385842094597
Author(s):  
Lorenza S. Colzato ◽  
Bernhard Hommel ◽  
Christian Beste

Cognitive enhancement is becoming progressively popular as a subject of scientific investigation and by the public, although possible adverse effects are not sufficiently understood. We call for cognitive enhancement to build on more specific, mechanistic theories given that a-theoretical approaches to cognitive enhancement are both a cause and a consequence of a strong, if not exclusive focus on the benefits of procedures suited to enhance human cognition. We focus on downsides of cognitive enhancement and suggest that every attempt to enhance human cognition needs to deal with two basic principles: the neuro-competition principle and the nonlinearity principle. We discuss the possibility of both principles in light of recent attempts to improve human cognition by means of transcranial direct current stimulation, a well-established brain stimulation method, and clinically relevant nootropic drugs. We propose that much stronger emphasis on mechanistic theorizing is necessary in guiding future research on both the upsides and the downsides of cognitive enhancement.


Author(s):  
Thomas P. Lyon ◽  
John Maxwell

Corporations often take environmentally friendly actions that go beyond what is required by law. Whether such corporate environmentalism is a profitable form of corporate strategy, or altruism in the form of a sacrifice of profits in the public interest, has been hotly debated. This chapter offers a theoretical framework for understanding when proactive environmental management is profitable, incorporating market forces, government regulation, and pressures from civil society, sometimes referred to as private politics. It then reviews, summarizes and critiques the empirical evidence relating corporate profitability to corporate environmentalism and identifying specific sources of “green” profits. It concludes with perspectives on the most valuable lessons for managers and the most promising areas for further scholarly research.


2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mouna Hazgui ◽  
Peter Triantafillou ◽  
Signe Elmer Christensen

PurposeThe increasing uptake of performance auditing (PA), which entails both the facilitation and the control of government policies, has seriously challenged state auditors' claims that they are apolitical. This article aims to understand how supreme audit institutions (SAIs) operate to maintain and nurture the political neutrality and legitimacy of their PA.Design/methodology/approachThe authors draw on Suchman's typology on legitimacy (1995) to analyze the PA reports of two countries with a long history of both performance auditing and accusations of political interference, namely Canada and Denmark. Documentary analysis and interview methods are employed.FindingsThis study shows how the two SAIs have been pursuing pragmatic, moral and cognitive legitimacy through the professionalization and standardization of both the form and the content of their PA reports. Engaging and maintaining the dialogue with the audited administration, triangulating recognized social science methods, and emphasizing the “public interest” basis of PA reflect some of the tools adopted to navigate the “grey zone” between objective, relevant and politically sensitive audits.Research limitations/implicationsThe paper's explorative approach limits the possibility for robust testing of the causal forces impinging on SAIs' choices of legitimation strategies. Nevertheless, variations between the Canadian and Danish SAIs in the strategic use of some legitimacy tools such as the media suggest a difference in the role of Public Accounts Committee in the two countries that can be investigated in future research.Originality/valueMuch research exists questioning the political neutrality of PA, yet there has not been much discussion on how SAIs have been able to develop and preserve the prevalent legitimacy of their PA amid the criticism. More specifically, our research reveals the tendency of both the Canadian and Danish SAIs to strategically underline the “public interest” dimension of their performance audits in an attempt to increase both their legitimacy and political neutrality.


2017 ◽  
Vol 25 (1) ◽  
pp. 2-21 ◽  
Author(s):  
Mark Lokanan

Purpose This paper aims to examine the enforcement practices of the Investment Dealers Association of Canada (IDA) and argue that self-regulation simply does not work in the financial sector, as the sanctions available are neither applied with sufficient severity nor are the responsibilities for enforcement adequately divided between self-regulation, provincial securities commissions and the police. Design/methodology/approach The core compliance data for the study came from the IDA’s tribunal cases that were heard between 1984 and June 2008. The theoretical approach involves the invocation of classic articles by the likes of Stigler, Posner and Becker, the essence of whose conclusions is that institutions will act in their own best interests and cannot be expected to act in the public interest. Findings The findings show that over the period from 1984 to 2008, the severity of the sanctions increased consistently over the period. When penalty ceilings were increased, penalties increased. When in the latter phase of the period, public members (i.e. non-members of the industry) chaired the tribunals, penalties also increased. Research limitations/implications Researchers can use the data to write a paper which asks “Why did the IDA tribunal penalties increase so consistently with time?” Future research could canvass various possible explanations, including the one presented in this paper, to focus sustained attention on the issue of self-regulation. Originality/value This study is the first to systematically examine the enforcement performance of the IDA.


Author(s):  
David J. Hess

AbstractThis study contributes to the analysis of civil society and knowledge by examining mobilizations by civil society organizations and grassroots networks in opposition to wireless smart meters in the United States. Three types of mobilizations are reviewed: grassroots anti-smart-meter networks, privacy organizations, and organizations that advocate for reduced exposure to non-ionizing electromagnetic fields. The study shows different relationships to scientific knowledge that include publicizing risks and conducting citizen science, identifying non-controversial areas of future research, and pointing to deeper problems of undone science (a particular type of non-knowledge that emerges when actors mobilize in the public interest and find an absence or low volume of research that could have been used to support their concerns). By comparing different types of knowledge claims made by the civil society organizations and networks, the study examines the conditions under which mobilized civil society generates positive responses from incumbent organizations versus resistance and undone science.


Author(s):  
Dominik Petko ◽  
Nives Egger ◽  
Felix Michael Schmitz ◽  
Alexandra Totter ◽  
Thomas Hermann ◽  
...  

This paper provides a descriptive overview of the empirical evidence for potential effects of reflective weblog writing for coping with stress. Seventeen studies meeting the inclusion criteria are summarized in a systematic synopsis. Sixteen studies focus on self-initiated blogging in informal contexts. Only one study examines mandated weblog writing for coping in an institutionalized context. Results indicate that the public nature of weblogs opens up a variety of possibilities for both problem-focused and emotion-focused coping, most importantly through social support. Although these studies show promising results, it remains unclear if and how the benefits of self-initiated blogging can be transferred to more formal settings. Thus, future research should examine how blogging can be mandated and scaffolded in order to foster coping strategies and decrease stress levels. For this purpose, experimentally controlled and longitudinal studies are needed to evaluate the effectiveness of this approach.


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