Self‐Regulation Versus Command and Control? Beyond False Dichotomies
Abstract
The search for regulatory alternatives to command and control has led many commentators to promote, or at least contemplate, the use of self‐regulation to improve the environmental performance of industry. However, much of the current debate has been characterized by a choice between two mutually exclusive policy options: “strict” command and control on one hand, and “pure” self‐regulation on the other. In fact, there is a much richer range of policy options, with most falling somewhere between theoretically polar extremes. This article demonstrates that there are a number of “regulatory variables” which policymakers can use to “fine‐tune” regulatory options to suit the specific circumstances of particular environmental issues. In the vast majority of circumstances, a combination of self‐regulation and command and control will provide the ideal regulatory outcome.
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Pure forms of self-regulation and government regulation are rarely found in the real world, where distinctions between them are incremental rather than dichotomous.
“However, those pure forms are rarely found in the real world, in which distinctions between self-regulation and government regulation are incremental rather than dichotomous (see further Sinclair 1997).”
From Industry self-regulation: An institutional perspective (1997) · cites this paper as Sinclair 1997
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Industry self-regulation: An institutional perspective
Gunningham, N., & Rees, J. (1997) · Law & Policy · doi:10.1111/1467-9930.t01-1-00033 · Cited by 572 · see citing works
- Authors
- Sinclair, D.
- Affiliations
- Australian National University (AU)
- Corresponding author
- Sinclair, Darren
- ORCID
- Sinclair, Darren
- Venue
- Law & Policy
- Publisher
- Wiley
- Published
- 1997-10
- Volume
- 19
- Issue
- 4
- Pages
- 529-559
- ISSN
- 0265-8240 (ISSN-L)
- 1467-9930
- OpenAlex
- W2121617049
- Cited by
- 359
- References
- 0
- Citations by year
- 2026: 8 · 2025: 14 · 2024: 14 · 2023: 23 · 2022: 14 · 2021: 16 · 2020: 6 · 2019: 11 · 2018: 29 · 2017: 16 · 2016: 10 · 2015: 23 · 2014: 13 · 2013: 19 · 2012: 13
- FWCI
- 7.25
- Type
- journal article
- Language
- en
- Open access
- closed
- Locations
- Law & Policy (publishedVersion)
- ANU Open Research (Australian National University) (submittedVersion)
- Topics
- Social Sciences › Public Administration › Regulation and Compliance Studies
- Social Sciences › Economics, Econometrics and Finance › Economics and Econometrics › Legal and Constitutional Studies
- Social Sciences › Economics, Econometrics and Finance › Economics and Econometrics › Law, Economics, and Judicial Systems
- Keywords
- self-regulation, command-and-control regulation, environmental regulation, regulatory alternatives, regulatory design
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