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When to Punish, When to Persuade and When to Reward: Strengthening Responsive Regulation with the Regulatory Diamond

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journal contribution
posted on 29.10.2019, 09:26 by Jonathan Kolieb
Originally published over two decades ago, ‘responsive regulation’ and its associated regulatory pyramid have become touchstones in the contemporary study and practice of regulation. Influential ideas and theories about regulation and governance have been developed in the intervening years, yet responsive regulation’s simple pyramidal model continues to resonate with policy-makers and scholars alike. This article seeks to advance the vision and utility of responsive regulation, by responding to several key drawbacks of the original design and by offering an update to the pyramidal model of regulation that lies at the centre of the theory. It argues for a ‘regulatory diamond’ as a strengthened, renewed model for responsive regulation. Rooted within the responsive regulation literature, the regulatory diamond integrates into the one schema both ‘compliance regulation’ and ‘aspirational regulation’, thereby offering a more cohesive representation of the broad conception of regulation that underpins responsive regulation theory, and the limited but vital role of law within it.
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Publication Date

2015

Volume

41

Issue

1

Type

Article

Pages

136–162

AGLC Citation

Jonathan Kolieb, 'When to Punish, When to Persuade and When to Reward: Strengthening Responsive Regulation with the Regulatory Diamond' (2015) 41(1) Monash University Law Review 135

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