LL446 Regulation: Legal and Political Aspects
This information is for the 2012/13 session.
Teacher responsible
Professor Robert Baldwin, NAB 7.08
Availability
LLM, MSc Law and Accounting students and other MSc students when places available (MPA Programme (all streams).
This course is capped at 30 students. Students must apply through Graduate Course Choice on LSEforYou.
Course content
The course aims to give students an essential grounding in theories of regulation encountered in the public policy/administration/legal literature. It examines competing explanations of the origins, development and reform of regulation; the styles and processes of regulation; issues surrounding enforcement; the inter-organisational and international aspects of regulation; and questions of evaluation and accountability.
Surveying the Scene: Lenses for viewing regulation; paradoxes and unintended effects; regulation and institutional design.
Contrasting Perspectives on Regulatory Incidence: Regulation as functional response; public choice approaches; new institutional accounts; cultural theory.
Regulatory Styles and Processes: Classical Regulation; economic alternatives.
Regulatory Standard-Setting: Regulatory standard-setting; economics and optimal standard-setting; risk regulation.
Regulatory Enforcement: Compliance and deterrence; public and private enforcement; self-regulation.
Regulatory Regime Dynamics: The regulatory state; discretion, rules, proceduralization and juridification; regulatory reform; ideas, prophets and entrepreneurs.
Evaluating Regulation: What is good regulation?; accountability and regulation; CBA, compliance cost and regulatory review; regulatory competition; whither regulation?
Teaching
The course is taught by 22, two-hour sessions in variable format (some lecture-discussions, student-paper led discussions, debates).
Formative coursework
All students are expected to produce three written essays plus short presentations on topics assigned to them.
Indicative reading
R Baldwin, M Cave and M. Lodge Understanding Regulation 2nd ed.(OUP, 2011); R. Baldwin, M. Cave and M. Lodge (ed.) Oxford Handbook on Regulation (OUP, 2010) R Baldwin, C Hood & C Scott, Socio-Legal Reader on Regulation (OUP, 1998); Responsive Regulation: Transcending the Deregulation Debate by Ian Ayres and John Braithwaite (OUP, 1992). B. Morgan and K. Yeung (2007) An Introduction to Law and Regulation (Cambridge University Press, 2007); J. Jordana and D. Levi-Faur (2004/eds) The Politics of Regulation (Edward Elgar, 2004) A Ogus, Regulation (OUP, 1994); R Baldwin, Rules and Government (OUP, 1995); I Ayres & J Braithwaite, Responsive Regulation (OUP, 1992).
Assessment
Students will be assessed by a three-hour examination in June. The examination will involve answering three questions in total out of between 10 and 12 in total. ^
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