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The question seems not one of how to avoid coercion, but how to mini- mize the escalation of coercion and how to avoid threats. A paradox of the pyramid is that to the extent that we can absolutely guarantee a commitment to escalate if steps are not taken to prevent the recurrence of lawbreaking, then escalation beyond the lower levels of the pyramid will rarely occur. This is the image of invincibility making self-regulation inevitable. Without locked-in commitment to escalation where reform does not occur to fix the problem, the system capacity crisis will rebound.
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The fundamental resource of responsive regulation is the beliefofcitizens in the inexorability ofescala- tion if problems are not fixed. Restorative justice works best with a spectre of punishment, threatening in the background but never threatened in the foreground. Where punish- ment is thrust into the foreground even by implied threats, other-regarding deliberation is made difficult because the offender is invited to deliberate in a self-regarding way-out of concern to protect the self from punishment.
This is not the way to engender empathy with the victim, internalization of the values of the law, and the values of restorative justice. In contrast, contin- gent threats could at best only change lives in immediately contingent ways. The job of responsive regulators is to treat offenders as worthy of trust, be- cause the evidence is that when they do this, regulation more often achieves its objectives.
In time, bad outcomes might lead to further escalation of that regulation and limits on entry of further international competitors, and if that fails, to re-nationalization of the airline industry. Alternatively, better-than-expected outcomes might lead to relaxation of the tough regulatory standards that accompanied privatization, and the licensing of even more international competitors.blacksmithsurgical.com/t3-assets/instruction/zyvum-a-handbook.php
Logistics management in practice – towards theories of complex logistics
Responsive regulators seek contextual, integrated, joined-up strategies that wUl work in synergy. Gunningham, Grabosky, and Sindair5 are the lead- ing scholars ofhow to craft such synergies and avert incompatible combina- tions ofstrategies. They conceive ofdifferent sides of the pyramid represent- ing strategies of different players of the regulatory game.
Be persistently attentive to and respon- sive to contextual insight. Responsiveness is about flexibility in a much more radical sense than flexible choice among a range of sanctions arrayed in a pyramid. Players form alliances with others who might support them as they reach each level of the pyramid. But they do not design their pyramids on the assumption that joint action can be achieved on any rung. We saw a dramatic illustration of the virtues of openness to the effective nationalisa- tion of selected private firms in the US and UK finance sectors and in De- troit during the global financial crisis of President Obama de- manding the replacement of Chuck Wagoner as the CEO of General Motors was hardly regulation by rules, but it can be argued that it was regulation that saved a once-great industry chat had become complacent that its lobbying could deliver the right co a taxpayer bailout on its own terms.
Arguably, it also saved the state ofMichigan which depended on that industry, and it was responsive to a good diagnosis of a crisis context. Especially in a period of radically high uncertainty, systems that regulate different firms in diverse ways are most likely to steer clear of severe failure. With the benefit ofhindsight, we might also ask if there would be a great deal less unemployment in the world today if the George W Bush Administration had temporarily nationalized Lehman Brothers in an attempt co avert the collapse of che international credit market in instead of allow- ing Lehman Brothers co fail.
In different contexts from , privatizing flrms or whole markets that had previously been public could be what is commended by thinking responsively about that market during that period ofhistory. In other contexts, creation of an industry that did not really exist before is cleverly responsive to context, as was the case with the Australian Trade Practices Commission of the s and 90s showing the lead toward creating a new corporate compliance consulting industry in Aus- tralia. What is a sound regulatory. It is a good discipline to be required to consider all lower levels ofa pyramid before contemplating a rush to a high level such as nationalization or privatisation ofa troubling organization.
Normatively justified responsiveness to context does at times require us to go straight to the peak of a pyramid.
Listening is the key not only to eliciting change in actors, but also to under- standing a regulated industry and the regulatory environment to which regu- lators must be responsive. The Wall Street crash was preventable by regulators who had their ears open. Not all of the structural drivers of the crisis were preventable in any straightforward way. Yet the epidemic of de- faulting housing loans in the US that was the principal proximate cause most certainly was.
The FBI issued a public warning as early as on an epidemic of mortgage fraud. It could be: structured by cows and we: would rate: it". The: problem, as I have: ar- gued dsc:whc:rc:, was a regulatory culture: of quantitative: risk analysis as op- posed to a more: old-fashioned style: of regulation whc:re strc:c:t-lc:vc:l regula- tors "kick the: tirc:s" as aprc:cursor to conversation about what the: problem is with that wobbly whc:d.
Logistics management in practice – towards theories of complex logistics | Emerald Insight
Restorative: and responsive: regulatory thc:ory also arguc:s on the: basis of growing empirical c:xpc:ric:ncc: that non-punitive: restorative justice: at the: base: of a regulatory pyramid, backc:d by punitive: escalation for non-cooperation with the: restorative: justice:, is the: bc:st regulatory dc:sign for increasing dc:tc:c- tion of the: most covc:rt forms of law-breaking and thc:rc:by diciting c:arly warning of widc:r struCtural problems.
The demeanour of the responsive regulator is to be a listener, but one who listens while communicating resolve that they will persist with this problem until it is no longer a problem. The pyramid Figures commu- nicates that resolve in a very explicit way.
We are willing to listen and discuss endlessly, try countless different approaches, yet at the end of the day we will escalate to more and more interventionist strategies until the problem is fixed. We know from the child development literature that patents who "natter" at their children rather than confronting them with firm resolve against bad behaviour are ineffective at preventing behaviour such as violence. From the large evaluation literature on motivational interviewing, which is a clinical method for motivating individuals to overcome ambivalence about changing behaviours such as drug use, we know that to change behav- iour we must genuinely listen to narratives of non-compliance.
Client outcomes can be substantially improved or degraded depending on therapist style and practice. Therapist interpersonal skills have been found to directly facilitate client col- laboration during motivational interview sessions for substance abuse problems.