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4 - From Responsive Regulation to Ecological Compliance: Meta-regulation and the Existential Challenge of Corporate Compliance

from Part I - Compliance Concepts and Approaches

Published online by Cambridge University Press:  07 May 2021

Benjamin van Rooij
School of Law, University of Amsterdam
D. Daniel Sokol
University of Florida
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Abstract: This chapter revisits the significance of responsive regulation for theories of compliance. It shows how responsive regulation’s theory of compliance recognises both multiple motivations for compliance and plural actors who help negotiate and construct compliance. It argues that responsive regulation theory implies responsive compliance and that this can help build possibilities for deliberative democratic responsibility and accountability of both businesses and regulators. This is the idea that I previously labelled the meta-regulation of the ‘open corporation’. This chapter concludes that since business activity and indeed human development now face the existential challenge of socio-ecological disruption and collapse in which profit-oriented commercial activity is a significant driver, theories of compliance need to expand to concern themselves with how whole markets and industries can be made responsive to both social and ecological embeddedness. Regulatory compliance scholars need to pay attention to how networks of interacting business, government and civil society and social movement actors can influence business activity profoundly enough to shift the very nature of ‘business as usual’. The chapter therefore proposes the need for ‘ecological compliance’ as a development of Ayres and Braithwaite’s analysis of compliance.

Publisher: Cambridge University Press
Print publication year: 2021

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Abbott, Kenneth, and Snidal, Duncan. 2009. ‘Strengthening International Regulation through Transnational New Governance: Overcoming the Orchestration Deficit’. Vanderbilt Journal of Transnational Law 42: 501–78.Google Scholar
Ayres, Ian, and Braithwaite, John. 1992. Responsive Regulation: Transcending the Deregulation Debate. New York: Oxford University Press.Google Scholar
Bartley, Tim. 2018. Rules Without Rights: Land, Labor, and Private Authority in the Global Economy. New York: Oxford University Press.CrossRefGoogle Scholar
Black, Julia. 2003. ‘Enrolling Actors in Regulatory Processes: Examples from UK Financial Services Regulation’. Public Law (Spring): 6391.Google Scholar
Braithwaite, John. 2002. Restorative Justice and Responsive Regulation. Oxford University Press.Google Scholar
Braithwaite, John. 2008. Regulatory Capitalism: How It Works, Ideas for Making It Work Better. Cheltenham, UK: Edward Elgar.CrossRefGoogle Scholar
Braithwaite, John, and Drahos, Peter. 2000. Global Business Regulation. Cambridge University Press.CrossRefGoogle Scholar
Braithwaite, Valerie. 2009. Defiance in Taxation and Governance: Resisting and Dismissing Authority in a Democracy. Cheltenham, UK: Edward Elgar.CrossRefGoogle Scholar
Cashore, Benjamin, Auld, Graeme and Renckens, Stefan. 2011. ‘The Impact of Private, Industry and Transnational Civil Society Regulation and Their Interaction with Official Regulation’. In Explaining Compliance: Business Responses to Regulation, edited by Parker, Christine and Nielsen, Vibeke, 343–70. Cheltenham, UK: Edward Elgar.Google Scholar
Coglianese, Cary, and Lazer, David. 2003. ‘Management‐Based Regulation: Prescribing Private Management to Achieve Public Goals’. Law & Society Review 37: 691730.CrossRefGoogle Scholar
Dixon, Jane, and Banwell, Cathy. 2012. ‘Choice Editing for the Environment: Managing Corporate Risks’. In Risk and Social Theory in Environmental Management, edited by Measham, Thomas and Lockie, Stewart, 175–85. Melbourne: CSIRO.Google Scholar
Eberlein, Burkard, Abbott, Kenneth W., Black, Julia, Meidinger, Errol and Wood, Stepan. 2014. ‘Transnational Business Governance Interactions: Conceptualization and Framework for Analysis’. Regulation & Governance 8: 121.CrossRefGoogle Scholar
Edelman, Lauren. 2016. Working Law: Courts, Corporations, and Symbolic Civil Rights. Chicago: University of Chicago Press.Google Scholar
Gilad, Sharon. 2010. ‘It Runs in the Family: Meta‐regulation and Its Siblings’. Regulation & Governance 4: 485506.CrossRefGoogle Scholar
Gough, Ian. 2017. Heat, Greed and Human Need: Climate Change, Capitalism and Sustainable Wellbeing. Cheltenham, UK: Edward Elgar.CrossRefGoogle Scholar
Grabosky, Peter. 2013. ‘Beyond Responsive Regulation: The Expanding Role of Non‐state Actors in the Regulatory Process’. Regulation & Governance 7: 114–23.CrossRefGoogle Scholar
Gray, Garry C., and Silbey, Susan. 2011. ‘The Other Side of the Compliance Relationship’. In Explaining Compliance: Business Responses to Regulation, edited by Parker, Christine and Nielsen, Vibeke, 123–38. Cheltenham, UK: Edward Elgar.Google Scholar
Gunningham, Neil, and Grabosky, Peter. 1998. Smart Regulation: Designing Environmental Policy. Oxford: Clarendon Press.Google Scholar
Gunningham, Neil, Kagan, Robert and Thornton, Dorothy. 2003. Shades of Green: Business, Regulation and Environment. Palo Alto, CA: Stanford University Press.Google Scholar
Haines, Fiona, and Parker, Christine. 2018. ‘Moving Towards Ecological Regulation’. In Criminology and the Anthropocene, edited by Holley, Cameron and Shearing, Clifford, 81108. New York and London: Routledge.Google Scholar
Hall, Peter, and Soskice, David. 2001. Varieties of Capitalism: The Institutional Foundations of Comparative Advantage. Oxford: Oxford University Press.CrossRefGoogle Scholar
Haraway, Donna. 2015. ‘Anthropocene, Capitalocene, Plantationocene, Chthulucene: Making Kin’. Environmental Humanities 6: 159–65.CrossRefGoogle Scholar
Heimer, Carol A. 2013. ‘Resilience in the Middle: Contributions of Regulated Organizations to Regulatory Success’. Annals of the American Academy of Political and Social Science 649: 139–56.CrossRefGoogle Scholar
Hutter, Bridget. 1997. Compliance: Regulation and Environment. Oxford: Oxford University Press.Google Scholar
Levi‐Faur, David. 2006. ‘Varieties of Regulatory Capitalism: Getting the Most out of the Comparative Method’. Governance 19: 367–82.CrossRefGoogle Scholar
Levi‐Faur, David. 2017. ‘Regulatory Capitalism’ In Regulatory Theory: Foundations and Applications, edited by Drahos, Peter, 289302. Canberra: ANU Press.CrossRefGoogle Scholar
Morgan, Bronwen, and Kuch, Declan. 2015. ‘Radical Transactionalism: Legal Consciousness, Diverse Economies, and the Sharing Economy’. Journal of Law & Society 42: 556–87.CrossRefGoogle Scholar
Nielsen, Vibeke Lehmann, and Parker, Christine. 2008. ‘To What Extent Do Third Parties Influence Business Compliance?’. Journal of Law and Society 35: 309–40.CrossRefGoogle Scholar
Nielsen, Vibeke Lehmann, and Parker, Christine. 2009. ‘Testing Responsive Regulation in Regulatory Enforcement’. Regulation & Governance 3: 376400.CrossRefGoogle Scholar
Nielsen, Vibeke Lehmann, and Parker, Christine. 2012. ‘Mixed Motives: Economic, Social and Normative Motivations in Business Compliance’. Law & Policy 34: 428–62.CrossRefGoogle Scholar
Parker, Christine. 2002. The Open Corporation: Effective Self-Regulation and Democracy. Cambridge University Press.CrossRefGoogle Scholar
Parker, Christine, and Haines, Fiona. 2018. ‘An Ecological Approach to Regulatory Studies?Journal of Law and Society 45: 136–55.CrossRefGoogle Scholar
Parker, Christine, and Johnson, Hope. 2019. ‘From Food Chains to Food Webs: Regulating Capitalist Production and Consumption in the Food System’. Annual Review of Law and Social Sciences 15: 205–25.CrossRefGoogle Scholar
Parker, Christine, and Nielsen, Vibeke Lehmann (eds.). 2011. Explaining Compliance: Business Responses to Regulation. Cheltenham, UK: Edward Elgar Publications.CrossRefGoogle Scholar
Parker, Christine, Carey, Rachel, De Costa, Josephine, and Scrinis, Gyorgy. 2017. ‘Can the Hidden Hand of the Market Be an Effective and Legitimate Regulator? The Case of Animal Welfare under a Labeling for Consumer Choice Policy Approach’. Regulation & Governance 11: 368–87.CrossRefGoogle Scholar
Perez, Oren. 2011. ‘Private Environmental Governance as Ensemble Regulation: A Critical Exploration of Sustainability Indexes and the New Ensemble Politics’. Theoretical Inquiries in Law 12: 543–79.CrossRefGoogle Scholar
Pettit, Philip. 1997. Republicanism: A Theory of Freedom and Government. Oxford: Oxford University Press.Google Scholar
Raworth, Kate. 2017. Doughnut Economics: Seven Ways to Think Like a 21st Century Economist. Hartford, CT: Chelsea Green.Google Scholar
Rees, Joseph. 1997. ‘Development of Communitarian Regulation in the Chemical Industry’. Law & Policy 19: 477528.CrossRefGoogle Scholar
Rodriguez-Garavito, César (ed.). 2017. Business and Human Rights: Beyond the End of the Beginning. New York: Cambridge University Press.CrossRefGoogle Scholar
Scott, Colin. 2001. ‘Analysing Regulatory Space: Fragmented Resources and Institutional Design’. Public Law (Summer): 283305.Google Scholar
Shamir, Ronen, and Weiss, Dana. 2012. ‘Semiotics of Indicators: The Case of Corporate Human Rights Responsibility’. Governance 46: 4.Google Scholar
Simpson, Sally. 2002. Corporate Crime, Law and Social Control. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Sjåfjell, Beate, and Taylor, Mark B.. 2019. ‘Clash of Norms: Shareholder Primacy vs. Sustainable Corporate Purpose’. International and Comparative Corporate Law Journal 13: 4066.Google Scholar
Steffen, Will, Richardson, Katherine, Rockström, Johan, Cornell, Sarah E., Fetzer, Ingo, Bennett, Elena M., Biggs, Reinette et al. 2015. ‘Planetary Boundaries: Guiding Human Development on a Changing Planet’. Science 347(6223): 1259855.CrossRefGoogle ScholarPubMed
Tombs, Steve, and Whyte, David. 2013. ‘Transcending the Deregulation Debate? Regulation, Risk, and the Enforcement of Health and Safety Law in the UK’. Regulation & Governance 7: 6179.CrossRefGoogle Scholar
Tyler, Tom R. 2006. Why People Obey the Law. Princeton, NJ: Princeton University Press.Google Scholar
Van Erp, Judith. 2011. ‘Naming and Shaming in Regulatory Enforcement’. In Explaining Compliance: Business Responses to Regulation, edited by Parker, Christine and Nielsen, Vibeke, 322–42. Cheltenham, UK: Edward Elgar.Google Scholar
Westerman, Pauline. 2013. ‘Pyramids and the Value of Generality’. Regulation & Governance 7: 8094.CrossRefGoogle Scholar
Winter, Søren C., and May, Peter J.. 2001. ‘Motivation for Compliance with Environmental Regulations’. Journal of Policy Analysis and Management 20: 675–98.CrossRefGoogle Scholar
Yeung, Karen. 2004. Securing Compliance – A Principled Approach. Oxford: Hart Publishing.Google Scholar

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