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Going by the Book - The Problem of Regulatory Unreasonableness (Paperback)
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Going by the Book - The Problem of Regulatory Unreasonableness (Paperback)
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What is regulation? Under what circumstances is it needed? What
forms should it take? Such questions are especially relevant at a
time in United States history when governmental involvement in
decisions formerly left to individuals and business firms evokes
concern on all sides of the political spectrum. In "Going by the
Book," Eugene Bardach and Robert A. Kagan address these questions
and provide richly detailed descriptions of the dilemmas of
enforcement in a broad variety of regulatory programs. The authors
argue that the most successful forms of regulation emerge from a
flexible rather than a legalistic method of implementation. Relying
on extensive interviews with government agency officials and
regulated businesses, they find that American techniques of
regulation, by their very nature, frequently generate "regulatory
unreasonableness," that is, governmental requirements that seem
sensible in principle but that make little sense in particular
situations. By exploring the roots and dynamics of regulatory
unreasonableness and the ways in which some regulatory officials
and programs avoid it, "Going by the Book" simultaneously
illustrates the virtues of flexible regulatory enforcement and
illuminates the political and practical obstacles to achieving that
goal. In their new introduction, the authors discuss their findings
in light of the twenty years that have passed since "Going by the
Book" was first published. They explore the growth of regulation in
recent years as well as many reforms, noting that while much has
changed, much has not. They argue the United States remains torn
between two competing visions of regulation: enforcing laws versus
solving social problems. Thus, the deep insights into the
regulatory process that "Going by the Book" provides continue to
make it a mandatory work for public policymakers, experts in
economics, government, and regulatory law, and students and
teachers of political science, public policy, and sociolegal
studies.
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