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School of Regulation and Global Governance · ANU College of Law, Governance and Policy
This course examines the issue at the heart of regulation: who obeys the rules, who breaks them, why and with what impact? Students will be given the empirical and conceptual tools necessary to explore and analyse difficult questions such as: How does regulating for compliance ensure sustainability, health, safety and justice? What does empirical research tell us about how to design for compliance? What are the consequences of non-compliance -- or defiance -- for different demographics and actors, and why? How can effective resistance create desirable change? Drawing from political theory, sociology, criminology and social psychology, students will be introduced to a range of lenses and frameworks to understand individual and collective obedience and disobedience. Through current and historical case studies, including domains such as environment, tax systems, pandemics, social movement and social justice, students will learn how to apply these frameworks and approach compliance issues from a regulatory perspective. Students will have the option to choose and research in depth a domain or compliance issue of their own choice.
Active participation in class
Learning outcomes 1, 2, 3
Oral presentation focussed on a contemporary or historical compliance case study (recorded)
Learning outcomes 3, 4
Written report (as research essay or academic blog post or policy paper)(max 3000 words)
Learning outcomes 1, 2, 3, 4
Approximately 60 hours comprising seminars as well as associated preparation, independent study, and assessment time. Actual time required may vary with individual students.
n/a Preliminary Reading Braithwaite, Valerie A. Defiance in taxation and governance: Resisting and dismissing authority in a democracy. Edward Elgar Publishing, 2009. Parker, Christine, and Vibeke Lehmann Nielsen. "Compliance: 14 questions." In Drahos, Peter. Regulatory theory: Foundations and applications. ANU Press, 2017: 217-232. Tyler, Tom R., and Heather J. Smith. "Social justice and social movements." (1995). Ford, Cristie L. 2008. New Governance, Compliance, and Principles-Based Securities Regulation. American Business Law Journal 45(1): 1-60. Hutter, Bridget. 1997. Compliance: Regulation and Environment. Oxford UP. May, Peter. 2005. Regulation and Compliance Motivations: Examining Different Approaches. Public Administration Review 65(1): 31-44. Murphy, Kristina. 2016. Turning Defiance into Compliance with Procedural Justice: Understanding Reactions to Regulatory Encounters through Motivational Posturing. Regulation & Governance 10(1): 93-109. Pearce, Frank, and Steve Tombs. 1990. Ideology, Hegemony, and Empiricism: Compliance Theories of Regulation. British Journal of Criminology 30(4): 423-443. Short, Jodi L. "The politics of regulatory enforcement and compliance: Theorizing and operationalizing political influences." Regulation & Governance (2019).