Beyond the Regulatory State

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Abstract
The traditional view of regulation as essentially a governmental function has become outmoded. Regulatory enforcement, and state activity generally, are diminishing. In their place, a devolution of control is occurring which entails the harnessing of private institutions and energies in furtherance of regulatory policy. This paper describes some of these new regulatory forms, and suggests that new private or hybrid regulatory orderings may emerge which are more stringent, yet more subtle, and ultimately more palatable to the target of regulation than conventional state control.

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