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Regulatory Practices (regulatory + practice)

Distribution by Scientific Domains

Humanities and Social Sciences	40%

Selected Abstracts

Travel Blending: Whither Regulation?

GEOGRAPHICAL RESEARCH, Issue 3 2001
Donna Ferretti
Travel blending, as a form of travel demand management, has in recent times been celebrated by transport planners as a means of shaping travel behaviour without regulation. Accordingly, travel blending is said to overcome the problems of the state bureaucracy imposing its will upon the individual's travel choices. In this paper we introduce a Foucauldian analysis to the field of transport in order to examine the assertions made by proponents of travel blending that they are not exercising power in the course of shaping travel behaviour. In particular, we use recent elaborations of Foucault's work on governmentality to explore the ways in which the sites, subjects and objects of travel are discursively constituted within travel blending thereby enabling new ways of intervening upon the travelling subject. We suggest that a governmentality approach not only provides a fertile means of investigating transport but also reveals travel blending as a regulatory practice serving to structure the individual's field of action. [source]

Errors in technological systems

HUMAN FACTORS AND ERGONOMICS IN MANUFACTURING & SERVICE INDUSTRIES, Issue 4 2003
R.B. Duffey
Massive data and experience exist on the rates and causes of errors and accidents in modern industrial and technological society. We have examined the available human record, and have shown the existence of learning curves, and that there is an attainable and discernible minimum or asymptotic lower bound for error rates. The major common contributor is human error, including in the operation, design, manufacturing, procedures, training, maintenance, management, and safety methodologies adopted for technological systems. To analyze error and accident rates in many diverse industries and activities, we used a combined empirical and theoretical approach. We examine the national and international reported error, incident and fatal accident rates for multiple modern technologies, including shipping losses, industrial injuries, automobile fatalities, aircraft events and fatal crashes, chemical industry accidents, train derailments and accidents, medical errors, nuclear events, and mining accidents. We selected national and worldwide data sets for time spans of up to ,200 years, covering many millions of errors in diverse technologies. We developed and adopted a new approach using the accumulated experience; thus, we show that all the data follow universal learning curves. The vast amounts of data collected and analyzed exhibit trends consistent with the existence of a minimum error rate, and follow failure rate theory. There are potential and key practical impacts for the management of technological systems, the regulatory practices for complex technological processes, the assignment of liability and blame, the assessment of risk, and for the reporting and prediction of errors and accident rates. The results are of fundamental importance to society as we adopt, manage, and use modern technology. © 2003 Wiley Periodicals, Inc. Hum Factors Man 13: 279,291, 2003. [source]

Promoting sustainable compliance: Styles of labour inspection and compliance outcomes in Brazil

INTERNATIONAL LABOUR REVIEW, Issue 2-3 2008
Roberto PIRES
Abstract. Can workers' rights and social protections be reconciled with firms' competitiveness and productivity? In contrast to current development policy advice, which emphasizes the "flexibilization" of labour laws, this article contributes to an ongoing debate about styles of inspection by exploring the causal links between different regulatory practices and economic development and compliance outcomes. Findings from subnational comparisons in Brazil challenge established theories about the behaviours of firms and regulatory agencies, and indicate that labour inspectors have been able to promote sustainable compliance (legal and technical solutions linking up workers' rights with firms' performance) by combining punitive and pedagogical inspection practices. [source]

Constructing Compliance: Game Playing, Tax Law, and the Regulatory State

LAW & POLICY, Issue 1 2007
SOL PICCIOTTO
This article proposes a rethinking of approaches to compliance, extending perspectives that view regulation as an interactive or reflexive process mediated by sociolinguistic practices. These suggest that the meaning of rules is not fixed ex ante, but may emerge and change through such interactions, which therefore actually help to construct what it means to comply. The analysis supports proposals to base tax law on purposive general principles combined with detailed rules. However, it suggests that this should be the approach adopted for the tax code as a whole, instead of focusing mainly on the merits of a general anti-avoidance principle, as some of the recent debates have done. The article explores the question of interpretation of rules and the problem of avoidance and game playing. It reexamines the issue of the indeterminacy of rules and relocates it within the context of professional and regulatory practices, suggesting that it is these interactions that construct the meaning of rules and hence of compliance. The analysis is applied to income taxation, to sketch out how the international tax system has been constructed through the interaction of contending views of fairness in the allocation of tax jurisdiction, while in the process becoming refined into a formalist and technicist process of game playing. It argues that the central factor in this process has been the inherent contestability of the core concepts of international taxation, the rules on corporate residence and source of income. The article concludes by considering some of the current proposals for improving tax compliance, in particular by reducing complexity, improving clarity, and the use of broad principles. [source]

Cities and the Geographies of "Actually Existing Neoliberalism"

ANTIPODE, Issue 3 2002
Neil Brenner
This essay elaborates a critical geographical perspective on neoliberalism that emphasizes (a) the path,dependent character of neoliberal reform projects and (b) the strategic role of cities in the contemporary remaking of political,economic space. We begin by presenting the methodological foundations for an approach to the geographies of what we term "actually existing neoliberalism." In contrast to neoliberal ideology, in which market forces are assumed to operate according to immutable laws no matter where they are "unleashed," we emphasize the contextual embeddedness of neoliberal restructuring projects insofar as they have been produced within national, regional, and local contexts defined by the legacies of inherited institutional frameworks, policy regimes, regulatory practices, and political struggles. An adequate understanding of actually existing neoliberalism must therefore explore the path,dependent, contextually specific interactions between inherited regulatory landscapes and emergent neoliberal, market,oriented restructuring projects at a broad range of geographical scales. These considerations lead to a conceptualization of contemporary neoliberalization processes as catalysts and expressions of an ongoing creative destruction of political,economic space at multiple geographical scales. While the neoliberal restructuring projects of the last two decades have not established a coherent basis for sustainable capitalist growth, it can be argued that they have nonetheless profoundly reworked the institutional infrastructures upon which Fordist,Keynesian capitalism was grounded. The concept of creative destruction is presented as a useful means for describing the geographically uneven, socially regressive, and politically volatile trajectories of institutional/spatial change that have been crystallizing under these conditions. The essay concludes by discussing the role of urban spaces within the contradictory and chronically unstable geographies of actually existing neoliberalism. Throughout the advanced capitalist world, we suggest, cities have become strategically crucial geographical arenas in which a variety of neoliberal initiatives,along with closely intertwined strategies of crisis displacement and crisis management,have been articulated. [source]