Pyramids and the value of generality
成果类型：
Article
署名作者：
Westerman, Pauline
署名单位：
University of Groningen
刊物名称：
REGULATION & GOVERNANCE
ISSN/ISSBN：
1748-5983
DOI：
10.1111/j.1748-5991.2012.01155.x
发表日期：
2013
页码：
80-94
关键词：
摘要：
Responsive Regulation advocates a differentiated style of regulation and enforcement that is more responsive to the behavior of the regulated parties than a system of general or uniform rules. This article investigates whether such a differentiated approach can be reconciled with the traditional ideal of general law. On the basis of a conceptual analysis of generality, it is argued that the notion of generality is at best tautological and not inconsistent with a differentiated approach to regulation and enforcement. However, the value of generality is based on the assumption that rules function as reasons, rather than as instructions. As reasons, rules need not comprise large categories, but they do need to last for a long period of time. The conclusion drawn is that flexibility (rather than differentiation) is hard to reconcile with the notion of rules as reasons, although it may be demanded by a notion of rules as effective implementers of policies.
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