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The Regulatory Craft: Controlling Risks, Solving Problems, and Managing Compliance, by Malcolm K. Sparrow
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The Regulatory Craft tackles one of the most pressing public policy issues of our time—the reform of regulatory and enforcement practice. Malcolm K. Sparrow shows how the vogue prescriptions for reform (centered on concepts of customer service and process improvement) fail to take account of the distinctive character of regulatory responsibilities—which involve the delivery of obligations rather than just services.In order to construct more balanced prescriptions for reform, Sparrow invites us to reconsider the central purpose of social regulation—the abatement or control of risks to society. He recounts the experiences of pioneering agencies that have confronted the risk-control challenge directly, developing operational capacities for specifying risk-concentrations, problem areas, or patterns of noncompliance, and then designing interventions tailored to each problem. At the heart of a new regulatory craftsmanship, according to Sparrow, lies the central notion, "pick important problems and fix them." This beguilingly simple idea turns out to present enormously complex implementation challenges and carries with it profound consequences for the way regulators organize their work, manage their discretion, and report their performance. Although the book is primarily aimed at regulatory and law-enforcement practitioners, it will also be invaluable for legislators, overseers, and others who care about the nature and quality of regulatory practice, and who want to know what kind of performance to demand from regulators and how it might be delivered. It stresses the enormous benefit to society that might accrue from development of the risk-control art as a core professional skill for regulators.
- Sales Rank: #391771 in Books
- Published on: 2000-05-01
- Original language: English
- Number of items: 1
- Dimensions: 9.02" h x .83" w x 5.98" l, 1.20 pounds
- Binding: Paperback
- 370 pages
Review
"In this volume (Sparrow) offers a fresh perspective on regulatory reform.... Sparrow's approach to regulation and enforcement is designed to satisfy the 'bean counters' and those genuinely interested in achieving results in public programs.... useful for readers concerned about bureaucratic discretion and accountability and those interested in improving government performance in other kinds of agencies and in other countries. The message is important, and it is well delivered." —William L. Waugh Jr., Georgia State University, Perspectives on Political Science, 12/1/2001
"Every member of the Bar Association, as well as every government enforcement attorney, inspector and program manage should read this book." — NTSB newsletter
"Malcolm Sparrow presents a positive, almost affectionate, portrayal of regulation and the beleaguered administrators charged with its implementation.... scholars and practitioners alike should find this book provocative, insightful, and perhaps even inspiring." —Thomas W. Church, State University of New York in Albany, American Political Science Review, Vol. 95, No. 3, 9/1/2001
About the Author
Malcolm K. Sparrow is Professor of the Practice of Public Management at the John F. Kennedy School of Government, Harvard University. He is Faculty Chair of the School's Executive Programs on regulation and enforcement, corruption control, policing, and counter-terrorism.
Most helpful customer reviews
23 of 23 people found the following review helpful.
re-thinking the role of government
By David Herbster
Author Malcolm Sparrow suggests something so simple about the role of government that it's revolutionary -- agencies should be in the business of finding important problems and fixing them.
Simple -- but difficult.
Anyone who works in government would tell you they solve problems all the time. But most objective looks at government show that government's primary job is to "implement programs." Those programs often deftly solve problems. Yet they leave much undone. It is the undone problems that Sparrow's book deals with.
Sparrow is an old cop, turned top-level educator. He's got a doctorate and teaches at Harvard's Kennedy School of Government. He is a recognized expert in results-based reform of government. Personally, he is glib and practical.
His experience with policing seems to drive his philosophy. At the crux is this quote from his mentor, Herman Goldstein:
"...policing becomes more effective if police, rather than processing 911 calls one after another and in isolation, could learn to identify underlying patterns and then fashion tailor-made solutions that prevent recurrences." (page 72)
Sparrow shows how identifying patterns and fashioning tailor-made solutions is the crux for most government -- not just police. He ampley cites examples from environmental agencies, customs, OSHA and others to show this. He tells the real-life obstacles to achieving this, too (page 112). Overall, he tells how government could do better and who's doing it.
The book implies a unique slant on deterrence. While getting tough may achieve a deterrence effect, too often it happens after the evil deed. Sparrow suggests that government deter before the deed. How? Analyze patterns of unsolved problems, then tailor interventions to deter BEFORE the problem happens. This is not to rule out enforcement punch -- just to focus it on those against whom it's most effective. He shows that it can be done using case studies.
Sparrow's thinking should appeal to the pragmatist. This book is not pie-in-the-sky theory. It blends top-level thinking and on the ground experience. If you think government could be doing better, you could do worse than picking up a copy of "The Regulatory Craft."
2 of 2 people found the following review helpful.
Interesting insight to an difficult topic
By Giulio Campobassi
Malcom is a well read and experienced person in the area of regulatory practice. Not a lawyer, but cop and enforcer with a practical eye on the operations and how to leverage your people to produce better regulatory outcomes for the community.
I was particularly interested in his concepts on the supporting IT systems. No legalese or socio-political analysis, just a practical insight into regulatory practice. I think it's a worthwhile book for anyone in the regulatory industry, be it punitive or administrative enforcement.
0 of 0 people found the following review helpful.
Excellent Resource for Compliance Professionals
By Laurel Heacock
Excellent resource for changing the regulatory enforcement paradigm from mindless zero defects to risk-based analysis of what enforcement should be about - reducing the risk the regulations were intended to address. Too many people working in the compliance field walk in with the perspective that they are policing - when instead the focus should be on effective reduction of risk - by addressing the leading indicators of risk. After 30 years in the regulatory compliance field, this is still my "go-to" for helping new professionals gain a useful, pro-active perspective on what their role should be, as well as how best to accomplish legitimate compliance goals....
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