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F.C. Simon - Meta-Regulation in Practice: Beyond Normative Views of Morality and Rationality

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Meta-regulation presents itself as a progressive policy approach that can manage complexity and conflicting objectives better than traditional command and control regulation. It does this by harnessing markets and enlisting a broad range of stakeholders to reach a more inclusive view of the public interest that a self-regulating business can then respond to.

Based on a seventeen year study of the Australian energy industry, and via the lens of Niklas Luhmanns systems theory, Meta-Regulation in Practice argues that normative meta-regulatory theory relies on questionable assumptions of stakeholder morality and rationality. Meta-regulation in practice appears to be most challenged in a complex and contested environment; the very environment it is supposed to serve best.

Contending that scholarship must prioritise an understanding of communicative possibilities in practice, this book will be of interest to undergraduate and postgraduate students, as well as postdoctoral researchers interested in subjects such as business regulation, systems theory and corporate social responsibility.

Please visit meta-regulation.com for more insightful information on meta-regulation and Meta-Regulation in Practice.

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Based on extensive analysis and deep insider knowledge of the Australian retail - photo 1
Based on extensive analysis and deep insider knowledge of the Australian retail energy sector, F.C. Simon builds a powerful and fascinating critique of meta-regulation theory and its practical manifestation. Simon shows how complexity and contested views of compliance and market competition challenge key tenets of meta-regulatory thinking, not least capacities for learning and for responsiveness to reputational risk. Meta-Regulation in Practice will be of considerable interest to scholars, policy makers and managers in the energy sector and beyond.
Michael Power, London School of Economics and Political Science, UK
Meta-Regulation in Practice is an excellent case study on the attempt to morally and politically steer the Australian retail energy sector. F.C. Simon shows how such regulation efforts may only result in a growing hiatus between the public self-description of an industry and its actual functioning. Its intricate systems-theoretical reflections connect this book with cutting-edge contemporary social theory far beyond its immediate area.
Hans-Georg Moeller, Professor and Subject Convenor, Philosophy and Religious Studies Program, University of Macau, China
F.C. Simon provides a unique and original perspective on the practice of regulatory organizations and in doing so rejects the enthusiastic claims and uncritical accounts of many academic commentators. She takes as her starting point the contradictions and self-deceptions under which these organizations operate. In the footsteps of Niklas Luhmann, whose systems theory inspired her analysis, she skilfully exposes their taken-for-granted world as an illusion. At the same time she recognizes fully the complexity of the task facing regulation in its attempt to reconcile the demands of politics, law and economics and produce a coherent account of its activities. This is a ground-breaking book which deserves to be widely read.
Michael King, Professor Emeritus, University of Reading, UK
Meta-Regulation in Practice
Meta-regulation presents itself as a progressive policy approach that can manage complexity and conflicting objectives better than traditional command and control regulation. It does this by harnessing markets and enlisting a broad range of stakeholders to reach a more inclusive view of the public interest that a self-regulating business can then respond to.
Based on a 17-year study of the Australian energy industry, and via the lens of Niklas Luhmanns systems theory, Meta-Regulation in Practice argues that normative meta-regulatory theory relies on questionable assumptions of stake-holder morality and rationality. Meta-regulation in practice appears to be most challenged in a complex and contested environment the very environment it is supposed to serve best.
Contending that scholarship must prioritise an understanding of communicative possibilities in practice, this book will be of interest to undergraduate and postgraduate students, as well as postdoctoral researchers interested in subjects such as business regulation, systems theory and corporate social responsibility.
F.C. Simon is a regulatory policy practitioner, having worked in both regulatory and regulated organisations.
Routledge Advances in Sociology
For a full list of titles in this series, please visit www.routledge.com/series/SE0511.
209 Racial Cities
Governance and the Segregation of Romani People in Urban Europe
Giovanni Picker
210 Bourdieusian Prospects
Edited by Lisa Adkins, Caragh Brosnan and Steven Threadgold
211 Alienation and Affect
Warren D. TenHouten
212 Homeownership, Renting and Society
Historical and Comparative Perspectives
Sebastian Kohl
213 Social Class and Transnational Human Capital
How Middle and Upper Class Parents Prepare Their Children for Globalization
Jrgen Gerhards, Silke Hans and Sren Carlson
214 Transnational Social Policy
Social Welfare in a World on the Move
Edited by Luann Good Gingrich and Stefan Kngeter
215 Meta-Regulation in Practice
Beyond Normative Views of Morality and Rationality
F.C. Simon
216 The Sociology of Postmarxism
Richard Howson
217 The Precarious Generation
A Political Economy of Young People
Judith Bessant Rys Farthing and Rob Watts
218 Human Rights, Islam and the Failure of Cosmopolitanism
June Edmunds
219 New Generation Political Activism in Ukraine
20002014
Christine Emeran
220 Turkish National Identity and Its Outsiders
Memories of State Violence in Dersim
Ozlem Goner
First published 2017
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
2017 F.C. Simon
The right of F.C. Simon to be identified as author of this work has been asserted by her in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging in Publication Data
A catalog record for this book has been requested
ISBN: 978-1-138-23372-0 (hbk)
ISBN: 978-1-315-30891-3 (ebk)
Typeset in Times New Roman
by Wearset Ltd, Boldon, Tyne and Wear
For my family
Contents
  1. i
  2. ii
  3. iii
  4. iv
Guide
Figures
Tables
This book is about the regulation of the Australian retail energy industry and my observation of the industrys experience of regulation over a 17-year period. It is an empirical examination of meta-regulatory processes and outcomes (that is, regulation for self-regulation), with a focus on whether these performed according to the expectations of current regulatory theory. Specifically, my research examines how energy retailers were able to learn about stakeholder needs and the public interest in order to self-regulate within a meta-regulatory paradigm. This was motivated by my belief that theory that depends on significant industry self-regulation should be able to account for the capacity of a regulated industry to receive, interpret and act on the public interest signals through what is often a noisy environment.
I undertook this research as a personal project while working full time in the energy industry. It began in 1999 when I was a PhD candidate and working for the Victorian state regulator engaged in establishing the market and consumer protections for electricity retail competition. My PhD was about this process; my findings were that the public interest was unclear, politics was pervasive in regulatory policy and rule-making (and particularly where stakeholder views were incorporated in rule formation), industry was risk averse and not predictably rational, and regulatory and industry outcomes were unpredictable. Once I had completed my PhD in late 2002 I left the government and became a consultant to the energy and water sectors. From 2005 to the end of 2015 I worked for two energy businesses as a senior regulation and compliance professional.
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