Reengaging Criminology in Regulation and Governance: A Synergistic Research Agenda on Regulatory Guardianship
本文提出“规制监护”概念,将犯罪学机会理论与规制治理文献结合,分析监护者能力与意愿如何影响合规工作有效性,对立法和监管设计有参考价值。
ABSTRACT Recent literature calls for scholars to bridge the divide that has emerged between criminology and regulation and governance. In the current work, we propose that criminological opportunity theories provide one fruitful pathway to that end. Specifically, we introduce the notion of regulatory guardianship based on the concepts of guardians, guardian capability, and guardian willingness to intervene, and connect them to the regulation and governance literature. We demonstrate the utility of this perspective as the building blocks for improving theoretical understanding of the effectiveness of a broad range of parties engaged in compliance work in specific regulatory environments. Considering new empirical insights into regulatory guardianship in the design of future legislation and systems of oversight and accountability may also improve governance implementation and effectiveness.