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Crime and regulation
In: International library of criminology, criminal justice and penology: Second series
Globalization and regulatory character: regulatory reform after the Kader Toy Factory fire
In: Advances in criminology
Dawn L Rothe and David Kauzlarich (2016) Crimes of the Powerful: An Introduction. Oxford: Routledge
In: International Journal for Crime, Justice and Social Democracy, Band 6, Heft 4, S. 116-118
ISSN: 2202-8005
Not applicable
Regulatory Reform in the Light of Regulatory Character: Assessing Industrial Safety Change in the Aftermath of the Kader Toy factory Fire in Bangkok, Thailand
Effective safety regulation remains an elusive goal for many industrializing nations, with the economic philosophy underpinning economic globalization ambivalent towards regulation, while successive industrial disasters demonstrate a need for improvement. This article explores this nexus between globalization and regulatory reform through research into the aftermath of the Kader Toy Factory Fire in Bangkok, Thailand. It argues that reform following such events cannot be assessed by reference to the nature of the regulatory techniques adopted without consideration of the regulatory context. Rather, research on regulatory change needs to develop an appreciation of the interaction between the regulatory framework and the social context. The article develops a theoretical concept of 'regulatory character' as the means to conceptualize and explore this interaction. Regulatory character is informed by an understanding of the importance of cultural ordering to regulatory change and regulatory compliance as outlined by Hood (1998) and Selznick's (1992) argument that cultural order is moulded by the economic and political dependencies. Thai regulatory character is then described and used to assess safety reform in Thailand following the Kader Toy Factory Fire. Finally, the interaction between Thai regulatory character and globalization is explored through the data on the aftermath of the fire.
BASE
Regulatory Reform in the Light of Regulatory Character: Assessing Industrial Safety Change in the Aftermath of the Kader Toy factory Fire in Bangkok, Thailand
Effective safety regulation remains an elusive goal for many industrializing nations, with the economic philosophy underpinning economic globalization ambivalent towards regulation, while successive industrial disasters demonstrate a need for improvement. This article explores this nexus between globalization and regulatory reform through research into the aftermath of the Kader Toy Factory Fire in Bangkok, Thailand. It argues that reform following such events cannot be assessed by reference to the nature of the regulatory techniques adopted without consideration of the regulatory context. Rather, research on regulatory change needs to develop an appreciation of the interaction between the regulatory framework and the social context. The article develops a theoretical concept of 'regulatory character' as the means to conceptualize and explore this interaction. Regulatory character is informed by an understanding of the importance of cultural ordering to regulatory change and regulatory compliance as outlined by Hood (1998) and Selznick's (1992) argument that cultural order is moulded by the economic and political dependencies. Thai regulatory character is then described and used to assess safety reform in Thailand following the Kader Toy Factory Fire. Finally, the interaction between Thai regulatory character and globalization is explored through the data on the aftermath of the fire.
BASE
Three Risks, One Solution? Exploring the Relationship between Risk and Regulation
In: The annals of the American Academy of Political and Social Science, Band 649, Heft 1, S. 35-51
ISSN: 1552-3349
The risks at the heart of regulation are most often understood as unwanted by-products of an essentially productive endeavor. They are to be captured and managed through dedicated technical and bureaucratic effort, the preserve of those skilled in the assessment of probability and impact and accomplished in the design of effective—and efficient—regulatory strategies. Yet such a view seriously misunderstands the complexity of risk that regulation must address. When regulation is viewed from a social and organizational vantage point, risks of a more social and political character emerge. This article teases apart three fundamental ideal types of risk inherent in regulatory processes, only one of which (labeled as actuarial risk) is apprehensible from a scientific or bureaucratic frame of reference. Of equal importance are sociocultural and political risks, risks that cannot be relegated to a lesser priority by an understanding that labels their impact on regulation variously as unwarranted, irrational, or emotional.
Addressing the Risk, Reading the Landscape: The Role of Agency in Regulation
In: Regulation & Governance. March (2011) 5 (1): 118–144
SSRN
Addressing the risk, reading the landscape: The role of agency in regulation
In: Regulation & governance, Band 5, Heft 1
ISSN: 1748-5991
The literature pertinent to regulation presents disparate views of the role of human agency in regulatory compliance. Some authors assume regulators' and regulatees' capacity for agency to be self-evident; others show that human agency may be constrained and as a consequence tends toward sustaining the legitimacy of their respective organizations rather than achieving the risk reduction goals prescribed by the regulatory regime. Drawing on Margaret Archer's work (among others'), this article explores how the agency of regulatory actors is critical to the regulatory project yet contingent. This contingency is explored through a comparative analysis of the regulatory responses to an industrial disaster and to counterterrorism efforts at seaports and airports in the wake of the 11 September 2001 ("9/11") terrorist attacks. This analysis found that problem solving in the pursuit of regulatory goals was most effective when there was political support for the authority of the regulators and respect for their expertise and when the risk of concern could be narrowly defined. These conditions could also reap benefits at the worksite level. However, the capacity of regulators to mobilize resources, exert authority, and transform constraints into opportunities in order to reduce risk could be limited. Tight political control, limited knowledge of the environment to be regulated, and a potentially limitless exposure to risk meant that while agency could still be expressed, it was aimed at goals that included shoring up political legitimacy, enhancing personal authority, and allaying public concern. Adapted from the source document.
Ambiguity, Confidence and Fraud: A Critical Account of the Materiality of Money
In: RegNet Research Paper No. 2013/1
SSRN
Working paper
Vanquishing the Enemy or Civilizing the Neighbour? Controlling the Risks from Hazardous Industries
In: Social & legal studies: an international journal, Band 18, Heft 3, S. 397-415
ISSN: 1461-7390
Inclusion of the local community in a continuous dialogue aimed at reducing the risks posed by hazardous industries such as chemical plants and oil refineries is an increasingly common feature of some regulatory regimes. This article explores the implications of this regulatory shift for the reduction of risk through research undertaken in a major Australian city. The study found that local communities, when given a formal voice in regulatory regimes, did push industry to consider an extended range of risks. These risks included the risk of explosion or major chemical spill threatening health and the environment (termed here actuarial risks) but also concerns about the orderliness within the local neighbourhood and proper relationships between industry and community (risks of a more socio-cultural nature). Further, the escalation of political risk was critical in determining which actuarial and socio-cultural concerns of the community were listened to. Regulatory innovations involving increased accountability of hazardous industry to the local community may increase pressure on targeted industry to reduce risk, but the ensuing risk management is likely to involve political and socio-cultural as well as actuarial risks.
Vanquishing the Enemy or Civilizing the Neighbour? Controlling the Risks from Hazardous Industries
In: Social & Legal Studies. September (2009) 18 (3): 397-415
SSRN
Regulatory Failures and Regulatory Solutions: A Characteristic Analysis of the Aftermath of Disaster
In: Law & Social Inquiry. March (2009) 34 (1): 31–60
SSRN
Regulation and Risk: Occupational Health and Safety on the Railways
In: Journal of contingencies and crisis management, Band 12, Heft 1, S. 44-46
ISSN: 1468-5973
Regulation and Risk: Occupational Health and Safety on the Railways
In: Journal of contingencies and crisis management, Band 12, Heft 1, S. 44
ISSN: 0966-0879