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Understanding regulation using the Institutional Grammar 2.0 使用制度语法2.0理解法规
IF 3 2区 社会学
Regulation & Governance Pub Date : 2023-07-31 DOI: 10.1111/rego.12546
Saba Siddiki, Christopher K. Frantz
{"title":"Understanding regulation using the Institutional Grammar 2.0","authors":"Saba Siddiki, Christopher K. Frantz","doi":"10.1111/rego.12546","DOIUrl":"https://doi.org/10.1111/rego.12546","url":null,"abstract":"Over the last decade, there has been increased interest in understanding the design (i.e., content) of regulation as a basis for studying regulation formation, implementation, and outcomes. Within this line of research, scholars have been particularly interested in investigating regulatory dynamics relating to features and patterns of regulatory text and have engaged a variety of methodological approaches to support their assessments. One approach featured in this research is the Institutional Grammar (IG). The IG supports syntactic and semantic analyses of institutional statements (e.g., regulatory provisions) that embed within regulatory text. A recently revised version—called the IG 2.0—further supports robust analyses of regulatory text by offering an expanded feature set particularly well-suited to extracting and classifying content relevant for the study of regulation. This paper (i) provides a brief introduction to the IG 2.0 and (ii) discusses theoretical and analytical advantages of using the IG 2.0 to study regulation.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50164702","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
Jens Arnoltz, The embedded flexibility of Nordic labor market models under pressure from EU-induced dualization—The case of posted work in Denmark and Sweden Jens Arnoltz，欧盟诱导的二元化压力下北欧劳动力市场模型的内在灵活性——以丹麦和瑞典的挂职工作为例
IF 3 2区 社会学
Regulation & Governance Pub Date : 2023-07-26 DOI: 10.1111/rego.12547
{"title":"Jens Arnoltz, The embedded flexibility of Nordic labor market models under pressure from EU-induced dualization—The case of posted work in Denmark and Sweden","authors":"","doi":"10.1111/rego.12547","DOIUrl":"https://doi.org/10.1111/rego.12547","url":null,"abstract":"<p>Arnoltz, J. (2023) The embedded flexibility of Nordic labor market models under pressure from EU-induced dualization—The case of posted work in Denmark and Sweden<i>. Regulation &amp; Governance</i>, 17, 372–388.</p>\u0000<p>The article listed above, intended for publication in the Special Issue,”Grand challenges and the Nordic model: regulatory responses and outcomes Symposium for <i>Regulation &amp; Governance</i>”, volume 17, Issue 3, was inadvertently published in a regular issue, volume 17, Issue 2. This article should be cited as shown above.</p>\u0000<p>We apologise for the error.</p>","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2023-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50164704","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
Noncompliance with the law as institutional maintenance at ultra-religious schools 不遵守法律，如极端宗教学校的制度维护
IF 3 2区 社会学
Regulation & Governance Pub Date : 2023-07-18 DOI: 10.1111/rego.12545
Lotem Perry-Hazan, Netta Barak-Corren, Gil Nachmani
{"title":"Noncompliance with the law as institutional maintenance at ultra-religious schools","authors":"Lotem Perry-Hazan, Netta Barak-Corren, Gil Nachmani","doi":"10.1111/rego.12545","DOIUrl":"https://doi.org/10.1111/rego.12545","url":null,"abstract":"How do ultra-religious schools respond to state regulations that conflict with deep-rooted cultural norms? This study investigates this question in the context of Haredi boys schools' decisions regarding Israel's core-curriculum regulations. It draws on a first-of-its-kind dataset of interviews and school data collected from a representative sample of 82 principals and teachers in schools serving 18,000 students and six government inspectors overseeing dozens of schools. We identify isomorphic structures of compliance and noncompliance and analyze the law's role among the competing sources of schools' decisions. These sources include rabbis, nongovernmental network supervisors, private consultants, models set by other schools, resource constraints, parents, and personal opinions. The findings reveal a tension between the law's overarching role in setting the baseline for schools' decisions and its under-enforcement. We conceptualize this tension as a manifestation of <i>coupled institutional maintenance</i>, whereby ultra-religious schools and government inspectors collaborate to maintain schools' noncompliance and autonomy.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50164705","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: 1
The revolving door in UK government departments: A configurational analysis 英国政府部门的旋转门:结构分析
IF 3 2区 社会学
Regulation & Governance Pub Date : 2023-07-13 DOI: 10.1111/rego.12544
Rhys Andrews, Malcolm J. Beynon
{"title":"The revolving door in UK government departments: A configurational analysis","authors":"Rhys Andrews, Malcolm J. Beynon","doi":"10.1111/rego.12544","DOIUrl":"https://doi.org/10.1111/rego.12544","url":null,"abstract":"The “revolving door” between those at the top of public and private organizations has given rise to questions about the “pull” and “push” factors influencing public servants' switching into lucrative posts with companies they previously regulated. In this study, we investigate the departmental attributes associated with the movement of senior British civil servants into potentially controversial corporate jobs. To do so, we develop a configurational analysis of revolving door activity in UK government departments for 2015–2018 using panel-based fuzzy-set qualitative comparative analysis (fsQCA). We identify a series of alternative departmental conditions' based pathways for taking up, or not taking up, a role in the private sector. In particular, more prestigious departments with high levels of pay and low levels of agencification are associated with revolving door activity, while departments with low levels of pay, high levels of agencification, and low levels of capital procurement tend to be associated with an absence of such activity.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2023-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50164706","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
Conceptualizing and measuring “punitiveness” in contemporary advanced democracies 当代发达民主国家“惩罚性”的概念和衡量
IF 3 2区 社会学
Regulation & Governance Pub Date : 2023-07-11 DOI: 10.1111/rego.12533
Elizabeth Gordon Pfeffer
{"title":"Conceptualizing and measuring “punitiveness” in contemporary advanced democracies","authors":"Elizabeth Gordon Pfeffer","doi":"10.1111/rego.12533","DOIUrl":"https://doi.org/10.1111/rego.12533","url":null,"abstract":"This article addresses a key political question regarding the relationship between states and their citizens: how harsh are judicial systems in their punishment of those who deviate from the law? Punitiveness is a fraught concept in the existing literature and robust measurement methods maximizing conceptual complexity are lacking. Here I develop a functional approach to punitiveness through a revised conceptualization and operationalization of this key variable while cautioning against the solitary use of incarceration rates to measure state intention. Punitiveness is conceptually disaggregated into three main components: (1) a commitment to punishment over rehabilitation, (2) the degree of harshness of response to crime (i.e., a longer sentence in prison), and (3) the lack of a logical progression of punishment based on the severity of crime committed or intent of the offender. These axes are further disaggregated into measurable indicators to build a novel index of punitiveness (P-Index) from the legal codes of 26 countries. Ultimately, this rules-as-data measure offers researchers purchase on the puzzling variation in punitiveness across contexts, which persists regardless of current and historical crime levels, offering particular utility for supply-side political-economic explanations.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2023-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50164707","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
Concepts and measures of bureaucratic constraints in European Union laws from hand-coding to machine-learning 欧盟法律中官僚约束的概念和措施，从手工编码到机器学习
IF 3 2区 社会学
Regulation & Governance Pub Date : 2023-06-28 DOI: 10.1111/rego.12543
Fabio Franchino, Marta Migliorati, Giovanni Pagano, Valerio Vignoli
{"title":"Concepts and measures of bureaucratic constraints in European Union laws from hand-coding to machine-learning","authors":"Fabio Franchino, Marta Migliorati, Giovanni Pagano, Valerio Vignoli","doi":"10.1111/rego.12543","DOIUrl":"https://doi.org/10.1111/rego.12543","url":null,"abstract":"Scholars employ two main measures of the executive constraints embedded in European Union laws: one is based on the <i>variation</i> in the use of different types of restrictions, and the second is based on the <i>frequency</i> of such use. They reflect two alternative conceptualizations of bureaucratic control. We label them, respectively, as the “toolbox perspective” and the “design perspective”. We illustrate that the constraint frequency measure poses fewer validity problems in estimating legislators' intent to constrain implementation and tends to produce less severe measurement errors. We then evaluate the performance in estimating constraint variation of a recent computational application and identify potential drawbacks of automated learning from hand-coded provisions. We lastly introduce a skeletal framework for a machine-learning approach based on the syntactic structures employed by legislators that could improve the performance of this innovative technique.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50164752","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
Jurisdictional overlap: The juxtaposition of institutional independence and collaboration in police wrongdoing investigations 管辖权重叠:在警察不当行为调查中，机构独立与合作并存
IF 3 2区 社会学
Regulation & Governance Pub Date : 2023-06-22 DOI: 10.1111/rego.12532
Jihyun Kwon
{"title":"Jurisdictional overlap: The juxtaposition of institutional independence and collaboration in police wrongdoing investigations","authors":"Jihyun Kwon","doi":"10.1111/rego.12532","DOIUrl":"https://doi.org/10.1111/rego.12532","url":null,"abstract":"Introducing multiple layers of “independent” structures has become a go-to strategy for public agent oversight. The question remains whether such decentralized, overlapping structural arrangements of oversight reduce regulatory uncertainty and produce better policy outcomes. Using the case study of Ontario, Canada, I examine the consequences of institutional layering for the specific and broader goal of independent oversight and democratic policing, respectively. Semi-structured interviews with oversight officials and other key stakeholders as well as past governmental reports that led to the police oversight reform are analyzed to study the gap between the policy intention and outcome. I found that multiple “independent” investigatory agencies are meant to operate concurrently within an integrated system to ensure a responsive and comprehensive oversight system. However, their structural separation obstructs collaboration among the external agencies, causing various dysfunctional bureaucratic behaviors that undermine the overarching intention. The disconnect among different oversight authorities exacerbates their reliance on internal police-led procedures for all police misconduct inquiries. Implications of my research extend beyond policing and further the study of overlapping regulatory oversight and structural reform through institutional layering.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50164817","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 logic of regulatory impact assessment: From evidence to evidential reasoning 监管影响评估的逻辑:从证据到证据推理
IF 3 2区 社会学
Regulation & Governance Pub Date : 2023-06-19 DOI: 10.1111/rego.12542
Kati Rantala, Noora Alasuutari, Jaakko Kuorikoski
{"title":"The logic of regulatory impact assessment: From evidence to evidential reasoning","authors":"Kati Rantala, Noora Alasuutari, Jaakko Kuorikoski","doi":"10.1111/rego.12542","DOIUrl":"https://doi.org/10.1111/rego.12542","url":null,"abstract":"Agencies involved in generating regulatory policies promote evidence-based regulatory impact assessments (RIAs) to improve the predictability of regulation and develop informed policy. Here, we analyze the epistemic foundations of RIAs. We frame RIA as reasoning that connects various types of knowledge to inferences about the future. Drawing on Stephen Toulmin's model of argumentation, we situate deductive and inductive reasoning steps within a schema we call the impact argument. This approach helps us identify inherent uncertainties in RIAs, and their location in different types of reasoning. We illustrate the theoretical section with impact assessments of two recent legislative proposals produced by the European Commission. We argue that the concept of “evidence-based regulatory impact assessment” is misleading and should be based on the notion of “regulatory impact assessment as evidential reasoning,” which better recognizes its processual and argumentative nature.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50164818","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
Taming the real estate boom in the EU: Pathways to macroprudential (in)action 驯服欧盟的房地产繁荣:宏观审慎(在)行动之路
IF 3 2区 社会学
Regulation & Governance Pub Date : 2023-06-19 DOI: 10.1111/rego.12529
Etienne Lepers, Matthias Thiemann
{"title":"Taming the real estate boom in the EU: Pathways to macroprudential (in)action","authors":"Etienne Lepers, Matthias Thiemann","doi":"10.1111/rego.12529","DOIUrl":"https://doi.org/10.1111/rego.12529","url":null,"abstract":"In the fallout of the 2008 crisis, macroprudential policy has been installed as the policy remedy against future financial instability, a primary focus being developments in the real estate sector. With house prices consistently rising in the EU since 2014, causing alarm among macroprudential supervisory bodies, a core question of EU regulatory governance is how far macroprudential bodies have been capable of bringing about countercyclical actions against the build-up of such vulnerabilities. This paper investigates this question using a novel dataset of macroprudential intensity coded for the 17 EU countries that experienced real estate vulnerabilities post-euro crisis. Specifically, it asks which configuration of conditions account for the (in)capacity of countries to impose stringent countercyclical regulations against housing booms? Using fuzzy set qualitative comparative analysis technics coupled with qualitative analysis of country cases using expert interviews, we find that the absence of political salience of homeownership and the political independence of macroprudential authorities to be crucial conditions that jointly explain countercyclical macroprudential activity. These findings, which show two pathways to action have implications for the capacity of the EU to prevent future crises and future reform of the EU prudential framework.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50164819","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
An integrated approach to corporate due diligence from a human rights, environmental, and TWAIL perspective 从人权、环境和TWAIL的角度对企业尽职调查进行综合处理
IF 3 2区 社会学
Regulation & Governance Pub Date : 2023-06-19 DOI: 10.1111/rego.12538
Fatimazahra Dehbi, Olga Martin-Ortega
{"title":"An integrated approach to corporate due diligence from a human rights, environmental, and TWAIL perspective","authors":"Fatimazahra Dehbi, Olga Martin-Ortega","doi":"10.1111/rego.12538","DOIUrl":"https://doi.org/10.1111/rego.12538","url":null,"abstract":"Ten years since the adoption of the UN Guiding Principles on Business and Human Rights, we have witnessed an increasing trend in Europe toward the adoption of mandatory human rights and environmental due diligence. Focusing on due diligence legislation from France, Germany, Norway, and the EU, this article examines the extent to which these laws are laying the foundations for the articulation of an integrated, comprehensive, and robust framework that effectively fosters corporate accountability through preventing, addressing, and remedying corporate-related human rights and environmental harms. In this examination, we draw on international human rights and environmental standards and Third World Approaches to International Law, to identify the lessons learned from current approaches and that ought to be considered in future frameworks.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50164820","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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