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Trusting organizational law 信任组织法
IF 3 2区 社会学
Regulation & Governance Pub Date : 2024-07-30 DOI: 10.1111/rego.12616
Shawn Bayern
{"title":"Trusting organizational law","authors":"Shawn Bayern","doi":"10.1111/rego.12616","DOIUrl":"https://doi.org/10.1111/rego.12616","url":null,"abstract":"Decentralized governance technologies like blockchains are often proposed as substitutes for private legal arrangements like those provided by company law or organizational law more generally. In established legal systems in developed countries, the costs of implementing such algorithmic mechanisms are likely to be greater than the agency or other costs that come from selecting and trusting an existing third party. But even if that were not true, attempting to achieve decentralized governance solely by algorithm is more complicated than it appears and incurs significant “formalism costs.” Such costs can be reduced by the wealth of experience represented by the operational processes of organizational law. Mixing those operational processes with algorithmic governance by “opting into” organizational law, thereby letting it govern the <i>interface</i> between the algorithms and the real-world legal rights associated with an organization, is likely to be a governance model superior to the use of algorithmic governance alone.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2024-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141794975","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Trust platforms: The digitalization of corporate governance and the transformation of trust in polycentric space 信任平台：公司治理数字化与多中心空间的信任变革
IF 3 2区 社会学
Regulation & Governance Pub Date : 2024-07-25 DOI: 10.1111/rego.12614
Larry Catá Backer
{"title":"Trust platforms: The digitalization of corporate governance and the transformation of trust in polycentric space","authors":"Larry Catá Backer","doi":"10.1111/rego.12614","DOIUrl":"https://doi.org/10.1111/rego.12614","url":null,"abstract":"This contribution considers the revolution in the concept and practice of trust in corporate governance that first moved from trust in “people” to trust in “compliance,” setting the stage for the digitization of trust measures and the digitalization of compliance. Part One examines the fundamental challenge, one that arises from the near simultaneous shift in cultural expectations about trust from trust in character to trust in measurement, and then the rise of cultures of data driven systems of compliance and accountability. Part Two then considers the transformation brought by challenge responses in the form of three closely interlinked impulses: digitization, digitalization of compliance‐accountability regimes, and the emergence of platforms as spaces for trust interactions among stakeholders. Part Three then examines the current shape of these iterative dialectics, including connections between platforms and polycentric trust governance, and the detachment of trust from the entity that is its subject.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2024-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141764037","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
From de jure to de facto transparency: Analyzing the compliance gap in light of freedom of information laws 从法律上的透明到事实上的透明：根据信息自由法分析合规差距
IF 3 2区 社会学
Regulation & Governance Pub Date : 2024-07-24 DOI: 10.1111/rego.12615
Julia Trautendorfer, Lisa Hohensinn, Dennis Hilgers
{"title":"From de jure to de facto transparency: Analyzing the compliance gap in light of freedom of information laws","authors":"Julia Trautendorfer, Lisa Hohensinn, Dennis Hilgers","doi":"10.1111/rego.12615","DOIUrl":"https://doi.org/10.1111/rego.12615","url":null,"abstract":"Freedom of information (FOI) laws empower citizens to access public information from public organizations, enhancing government transparency and accountability. Previous studies have evaluated government transparency and FOI compliance based on the proactive release of information and governments' responses to citizens' requests. This study extends prior research by focusing on regulatory compliance mechanisms in German public organizations. Specifically, it investigates how these organizations respond to information requests under varying legislative frameworks across Germany's 16 states (Länder). Based on six legal elements (<i>de jure</i> provisions), we examine FOI law stringency and investigate their association with government responsiveness to approximate <i>de facto</i> regulatory compliance. Based on an analysis of over 100,000 requests directed at more than 7000 German public sector organizations, we find that not all six legal elements are directly associated with responsiveness. Only those elements that signify a broader organizational commitment to transparency are linked to higher responsiveness. This study contributes to public sector transparency literature by highlighting the complex interplay between variations in FOI laws and actual compliance, and underscores the need for further research on the assumed causal relationship between FOI law stringency and transparency outcomes.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2024-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141754218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Mapping the relationship between regulation and innovation from an interdisciplinary perspective: A critical systematic review of the literature 从跨学科角度探讨监管与创新之间的关系：对文献的批判性系统回顾
IF 3 2区 社会学
Regulation & Governance Pub Date : 2024-07-16 DOI: 10.1111/rego.12613
Bruno Queiroz Cunha, Flavia Donadelli
{"title":"Mapping the relationship between regulation and innovation from an interdisciplinary perspective: A critical systematic review of the literature","authors":"Bruno Queiroz Cunha, Flavia Donadelli","doi":"10.1111/rego.12613","DOIUrl":"https://doi.org/10.1111/rego.12613","url":null,"abstract":"A considerable amount of work has focused on “regulatory innovation” in the social sciences. This scholarship has conceptually defined certain types of regulatory changes as innovations and explored how regulation, as a policy instrument, alters the pace of technological innovation. More recently, a renewed interest for policy mixes and more dynamism in industrial innovation policies around the world has increased the demand for advanced knowledge in this area. In this article, we systematically review the literature on the innovation-regulation interplay, documenting its evolution, the prevailing thematic areas, and overlooked topics. While the orthodox regulatory stance, modeled on economic efficiency principles, is by far the main thrust, heterodox accounts, premised on systemic and evolutionary thinking, appear as important variations. The latter have recently burgeoned with new theoretical developments promoting the idea of regulation that not only allows for, but intentionally directs innovation.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2024-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141625153","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Problem exposure and problem solving: The impact of regulatory regimes on citizens' trust in regulated sectors 问题暴露与问题解决：监管制度对公民信任受监管部门的影响
IF 3 2区 社会学
Regulation & Governance Pub Date : 2024-07-06 DOI: 10.1111/rego.12610
Yue Guo, Tianhao Zhai, Hao Huang, Luozhong Wang
{"title":"Problem exposure and problem solving: The impact of regulatory regimes on citizens' trust in regulated sectors","authors":"Yue Guo, Tianhao Zhai, Hao Huang, Luozhong Wang","doi":"10.1111/rego.12610","DOIUrl":"https://doi.org/10.1111/rego.12610","url":null,"abstract":"A wealth of studies has discussed the impact of different regulatory regimes on firms, but have ignored the differences in citizens' attitudes toward firms in different regulatory regimes. Exploring these attitudes is crucial to understanding the micro‐effects of regulatory regimes and market developments. This study aims to investigates the impact of regulatory regimes on citizens' trust in regulated sectors and uncovers the underlying impact mechanisms. Using a survey experiment within the context of algorithm regulation (<jats:italic>N</jats:italic> = 1224), we reveal that the coerciveness of regulatory regimes positively influences citizens' trust in regulated firms. Furthermore, we identify problem‐solving and problem exposure perceptions as key mediators in this relationship. The findings contribute to the ongoing debate between regulation and trust, shedding light on their interplay in contemporary society and providing practical implications for policymakers and businesses navigating complex regulatory landscapes.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2024-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141553393","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Policy growth and maintenance in comparative perspective 从比较角度看政策的增长和维持
IF 3 2区 社会学
Regulation & Governance Pub Date : 2024-07-05 DOI: 10.1111/rego.12611
Christoph Knill, Christina Steinbacher, Yves Steinebach, Philipp Trein
{"title":"Policy growth and maintenance in comparative perspective","authors":"Christoph Knill, Christina Steinbacher, Yves Steinebach, Philipp Trein","doi":"10.1111/rego.12611","DOIUrl":"https://doi.org/10.1111/rego.12611","url":null,"abstract":"Policy growth comes with multiple challenges for policy implementation. Congested policy portfolios increase the likelihood of interactions and contradictions between different policy objectives and instruments. Moreover, policy growth can lead to difficulties during implementation when many public and private organizations must cooperate and manage increasing complexity and overlapping responsibilities. Consequently, policy growth should ideally be accompanied by maintenance activities, namely institutional reforms aimed at (1) preventing policy contradictions, or (2) improving administrative coordination. We test this relationship through a comparative analysis that examines the level of policy growth and maintenance activities in 13 OECD countries in environmental and unemployment policy over 35 years. We find that policy growth and maintenance activities are not systematically linked but occur independently, even when controlling for the influence of moderating factors such as government effectiveness or the presence of veto players. Consequently, modern governments seem to struggle with managing the downsides of policy growth.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2024-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141545888","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The governing instruments for resilience in the neo‐Weberian state: The challenge of integrating Ukrainian war refugees 新韦伯国家复原力的管理手段：乌克兰战争难民融入社会的挑战
IF 3 2区 社会学
Regulation & Governance Pub Date : 2024-06-21 DOI: 10.1111/rego.12608
Andrej Christian Lindholst, Kurt Klaudi Klausen, Morten Balle Hansen, Peter Sørensen
{"title":"The governing instruments for resilience in the neo‐Weberian state: The challenge of integrating Ukrainian war refugees","authors":"Andrej Christian Lindholst, Kurt Klaudi Klausen, Morten Balle Hansen, Peter Sørensen","doi":"10.1111/rego.12608","DOIUrl":"https://doi.org/10.1111/rego.12608","url":null,"abstract":"The unsettling conditions of contemporary society, marked by recurrent transboundary crises and turbulence, stimulate discussions about the resilience of different governing models. Public bureaucracy and its governing instruments are confronted with the virtues and vices of models dominated by markets and networks. We present a case study demonstrating how the governing instruments within a system resembling a neo‐Weberian state model with a reformed and modernized bureaucracy effectively facilitated the seamless integration of Ukrainian war refugees arriving unexpectedly in 2022. The findings show that the model's short‐term resilience is rooted in a combined and adaptive utilization of legal and financial provisions, expertise embedded within existing bureaucratic structures, ad hoc coordinative organizational structures, and active collaboration with and support from civil society. These findings support arguments on the relative virtues and the resilience of the neo‐Weberian state model. Normative caveats, however, indicate several long‐term challenges.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2024-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141448146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Patterns of company misconduct, recidivism, and complaint resolution delays: A temporal analysis of UK pharmaceutical industry self-regulation within the European context 公司不当行为、累犯和投诉解决延迟的模式：欧洲范围内英国制药业自我监管的时间分析
IF 3 2区 社会学
Regulation & Governance Pub Date : 2024-06-20 DOI: 10.1111/rego.12609
Shai Mulinari, Dylan Pashley, Piotr Ozieranski
{"title":"Patterns of company misconduct, recidivism, and complaint resolution delays: A temporal analysis of UK pharmaceutical industry self-regulation within the European context","authors":"Shai Mulinari, Dylan Pashley, Piotr Ozieranski","doi":"10.1111/rego.12609","DOIUrl":"https://doi.org/10.1111/rego.12609","url":null,"abstract":"Interfirm self-regulation through trade associations is common but its effectiveness is debated and likely varies by time, country, and industry. This study examines self-regulation of pharmaceutical marketing, characterized by delegation of major regulatory responsibilities to trade associations' self-regulatory bodies. In addressing critical research gaps, this study first analyzes 1,776 complaints against pharmaceutical companies in the UK over 18 years (2004–2021). Findings regarding severe, repeat, and complex offending, and delays in complaint resolution raise significant concerns about the adequacy of UK's self-regulation in deterring wrongdoing. Second, the study conducts international comparisons using recent complaints data from 30 European pharmaceutical industry self-regulatory bodies. Despite shortcomings of UK's self-regulation, it appears more adept at identifying potential breaches compared to most other countries, suggesting significant underdetection or underreporting of drug company misconduct in Europe. On balance, our findings are concerning given the negative effects of poorly regulated pharmaceutical marketing on medical practice and health.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2024-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141435867","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Using the institutional grammar to understand collective resource management in a heterogenous cooperative facing external shocks 用制度语法理解面临外部冲击的异质合作社的集体资源管理
IF 3 2区 社会学
Regulation & Governance Pub Date : 2024-06-17 DOI: 10.1111/rego.12607
Damion Jonathan Bunders, Tine De Moor
{"title":"Using the institutional grammar to understand collective resource management in a heterogenous cooperative facing external shocks","authors":"Damion Jonathan Bunders, Tine De Moor","doi":"10.1111/rego.12607","DOIUrl":"https://doi.org/10.1111/rego.12607","url":null,"abstract":"Worker cooperatives in the gig economy can involve large and heterogeneous memberships, which makes them vulnerable to member opportunism depleting collective resources. External shocks may present another challenge for collective resource management. This raises the question of how heterogeneous cooperatives design rules to mitigate opportunistic behavior and whether these rules evolve in the face of external shocks. We study the case of Smart Belgium between 2017 and 2022, thereby covering the COVID-19 pandemic and new cooperative legislation as external shocks. Building on the institutional grammar methodology, we analyze 412 rules of Smart. The findings indicate that external shocks with sudden resource scarcity do not necessarily motivate rule changes (COVID-19) while external shocks without an effect on collective resources can motivate rule changes (national policy change). The study also shows what kind of rules heterogeneous cooperatives may design to mitigate opportunism.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2024-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141333920","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Mapping bureaucratic overload: Dynamics and drivers in media coverage across three European countries 绘制官僚超负荷图：三个欧洲国家媒体报道的动态和驱动因素
IF 3 2区 社会学
Regulation & Governance Pub Date : 2024-06-09 DOI: 10.1111/rego.12606
Alexa Lenz, Yves Steinebach, Mattia Casula
{"title":"Mapping bureaucratic overload: Dynamics and drivers in media coverage across three European countries","authors":"Alexa Lenz, Yves Steinebach, Mattia Casula","doi":"10.1111/rego.12606","DOIUrl":"https://doi.org/10.1111/rego.12606","url":null,"abstract":"Bureaucratic overburdening has emerged as an important theme in public policy and administration research. The concept signifies a state where public administrators are overwhelmed with more tasks and responsibilities than they can effectively handle. Researchers attribute this phenomenon to several key factors, such as an increasing assault on the public sector, a growing volume of policies to enforce, and “external” shocks. These studies converge on the perception that the public sector's capacity to effectively implement policies and to address societal problems is progressively diminishing. However, there is a clear knowledge gap regarding the breadth, dynamics, and pervasiveness of this issue, as existing research often narrows its focus on the implementation of specific policies or policy sectors. This paper addresses this research gap by mapping the frequency of bureaucratic overload reports in newspaper articles from Italy, Ireland, and Germany, spanning two decades from 2003 to 2022. In the second step, we describe the drivers of overload that we coded in a random sample of articles. Our research reveals that the overburdening of public administration is indeed an escalating problem resulting from an “explosive” cocktail of external and internal challenges that simultaneously affect public authorities.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2024-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141299164","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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