Compelled Third‐Party Participation in the Regulatory Process

Legal Duties, Culture, and Noncompliance

Bibliographic Data

ID6090598
AuthorsJanet A Gilboy (American Bar Foundation, corresponding author), Janet Gilboy
Year1998
Volume20
Issue2
Pages135-155
Publication date1998-04-01
Open AccessYes
TypeARTICLE
VenueLaw & Policy (JOURNAL)
Journal identifiersISSN: 0265-8240 • E-ISSN: 1467-9930
PublisherWiley (PUBLISHER • GB)
DOI10.1111/1467-9930.00045
OpenAlexW2030672298
LanguageEN
Citations received9

This paper focuses on government’s enlistment of private entities (industries, businesses, professionals) to help in public enforcement. Despite the popularity of this enforcement strategy, there is little systematic research about the behavior of private enforcers in these systems. This article draws together the widely scattered popular and scholarly literature to examine: (a) the settings in which this strategy occurs, (b) its common features, and (c) the responses of private parties to their compelled participation. I then examine existing explanations for private parties’ responses. Very little empirical research has been published. I argue that what exists suggests limitations of a conventional cost‐benefit approach to explaining noncompliance, as well as highlights the need for a broader perspective that considers how cultural factors may influence private enforcers’ responses to their mandated duties

Business · Economics · Empirical research · Enforcement · Government (linguistics · Law and economics · Perspective (graphical · Political science · Popularity · Private sector · Process (computing · Public economics · Public relations · Corruption and Economic Development · Law · Regulation and Compliance Studies · Wildlife Conservation and Criminology Analyses

Tools

Open DOISci-Hub