Premium
Compelled Third‐Party Participation in the Regulatory Process: Legal Duties, Culture, and Noncompliance
Author(s) -
Gilboy Janet
Publication year - 1998
Publication title -
law and policy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.534
H-Index - 45
eISSN - 1467-9930
pISSN - 0265-8240
DOI - 10.1111/1467-9930.00045
Subject(s) - popularity , enforcement , business , government (linguistics) , process (computing) , public relations , perspective (graphical) , empirical research , public economics , private sector , law and economics , political science , economics , law , philosophy , linguistics , epistemology , artificial intelligence , computer science , operating system
This paper focuses on government’s enlistment of private entities (industries, businesses, professionals) to help in public enforcement. Despite the popularity of this enforcement strategy, there is little systematic research about the behavior of private enforcers in these systems. This article draws together the widely scattered popular and scholarly literature to examine: (a) the settings in which this strategy occurs, (b) its common features, and (c) the responses of private parties to their compelled participation. I then examine existing explanations for private parties’ responses. Very little empirical research has been published. I argue that what exists suggests limitations of a conventional cost‐benefit approach to explaining noncompliance, as well as highlights the need for a broader perspective that considers how cultural factors may influence private enforcers’ responses to their mandated duties.