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Testing responsive regulation in regulatory enforcement

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  • Vibeke Lehmann Nielsen
  • Christine Parker

Abstract

The policy ideals of responsive regulation have been developed on the basis of substantial empirical evidence. The overall formulation of responsive regulation theory itself, however, has rarely been empirically tested. This article sets out the theoretical concept of responsive regulation in the context of business regulation enforcement and discusses how we might operationalize and empirically measure it. We develop two alternative theoretical interpretations of responsive regulatory enforcement: “tit for tat” responsive regulation and “restorative justice” responsive regulation. We then measure business firms' perceptions of the reactions and counter‐reactions of a regulatory enforcement agency throughout the investigation and enforcement process. We find little evidence of tit for tat responsiveness actually occurring in practice. To the extent that tit for tat responsiveness does exist, we find a small amount of evidence that it has the hypothesized effects on behavior but not on attitudes. We find clearer evidence of restorative justice responsiveness having the hypothesized effects on attitudes but not on behavior.

Suggested Citation

  • Vibeke Lehmann Nielsen & Christine Parker, 2009. "Testing responsive regulation in regulatory enforcement," Regulation & Governance, John Wiley & Sons, vol. 3(4), pages 376-399, December.
  • Handle: RePEc:wly:reggov:v:3:y:2009:i:4:p:376-399
    DOI: 10.1111/j.1748-5991.2009.01064.x
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    References listed on IDEAS

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    Cited by:

    1. Helle Ørsted Nielsen & Vibeke Lehmann Nielsen, 2023. "Different encounter behaviors: Businesses in encounters with regulatory agencies," Regulation & Governance, John Wiley & Sons, vol. 17(1), pages 61-82, January.
    2. Anne‐Marie Reynaers & Salvador Parrado, 2017. "Responsive regulation in public‐private partnerships: Between deterrence and persuasion," Regulation & Governance, John Wiley & Sons, vol. 11(3), pages 269-281, September.
    3. Netta Barak‐Corren & Yael Kariv‐Teitelbaum, 2021. "Behavioral responsive regulation: Bringing together responsive regulation and behavioral public policy," Regulation & Governance, John Wiley & Sons, vol. 15(S1), pages 163-182, November.
    4. Siglé, Maarten A. & Goslinga, Sjoerd & Speklé, Roland F. & van der Hel, Lisette E.C.J.M., 2022. "The cooperative approach to corporate tax compliance: An empirical assessment," Journal of International Accounting, Auditing and Taxation, Elsevier, vol. 46(C).
    5. Na Li & Benjamin Rooij, 2022. "Law Lost, Compliance Found: A Frontline Understanding of the Non-linear Nature of Business and Employee Responses to Law," Journal of Business Ethics, Springer, vol. 178(3), pages 715-734, July.
    6. Peter Gerbrands & Brigitte Unger & Joras Ferwerda, 2022. "Bilateral responsive regulation and international tax competition: An agent‐based simulation," Regulation & Governance, John Wiley & Sons, vol. 16(3), pages 760-780, July.

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