Legal relations & regulation - Regulatory strategies & relations

8 important questions on Legal relations & regulation - Regulatory strategies & relations

What is meant by decentring of the state?

That a government redistributes (and so does not have the full power) regulatory tasks to industries, NGOs (vertical), or private entities (horizontal).

What is regulation according to Black (2005)?

The sustained and focused attempt to alter the behavior of others according to standards or goals with the intention of producing a broadly identified outcome which may involve mechanisms of standard-setting, information-gathering and behavior-modification.

Why is governance beyond the government? (according to Julia Black's definition?)

It is because of the redistribution of regulation producers.
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What three elements are illustrated by the governance triangle?


The public order (government to government)
The competitive market (business to consumers (B2C) and business to business (B2B).
Civil society (NGOs to members (N2M) and NGOs to 3rd parties (N2-3rd)

When does a co-regulation relationship exist?

It is between a 1st and 2nd party, in which the regulatee is involved in the regulation strategy.

What is enforced self-regulation?

It is when the 1st party needs to self-regulate, but if the 2nd party does not agree they can introduce other regulations.

What are the five types of behavioural incentives?


1. Information-based; awareness
2. Community-based; self-regulation
3. Competition-based; cost/gain
4. Hierarchy-based; authority
5. Architecture-based; techno-regulation

Why does community-based regulation not work for criminal law?

Because sanctions of community-based regulation would rather be incentives and not law-binding.

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