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Reflexive Governance for Global Public Goods$
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Eric Brousseau, Tom Dedeurwaerdere, and Bernd Siebenhüner

Print publication date: 2012

Print ISBN-13: 9780262017244

Published to MIT Press Scholarship Online: August 2013

DOI: 10.7551/mitpress/9780262017244.001.0001

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Regulatory Reform and Reflexive Regulation

Regulatory Reform and Reflexive Regulation

Beyond Command and Control

(p.85) 5 Regulatory Reform and Reflexive Regulation
Reflexive Governance for Global Public Goods

Neil Gunningham

The MIT Press

This chapter reveals that reflexive regulation plays a key role in regulatory reform, more so than do command and control approaches. Reflexive regulation uses indirect means to achieve wider social goals, with a greater capacity to adjust according to complex social setups. It is able to achieve these objectives as it focuses on enhancing the self-referential capacity of social systems and institutions beyond the legal system without its direct interference through various legal agencies. Reflective regulation also sets up a self-analytic process in businesses to encourage creative and continual strategies to minimize harms and maximize benefits. It is based on procedure and focuses on designing self-regulating social systems through organizational norms and procedure. The main components of reflective regulation are participatory procedures for ensuring regulatory objectives and mechanisms that result in discussions and cooperative learning among organizations.

Keywords:   reflective regulation, social systems, cooperative learning

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