Haines, Fiona --- "Facing the Compliance Challenge: Hercules, Houdini or the Charge of the Light Brigade?" [2011] ELECD 943; in Parker, Christine; Nielsen, Lehmann Vibeke (eds), "Explaining Compliance" (Edward Elgar Publishing, 2011)

Book Title: Explaining Compliance

Editor(s): Parker, Christine; Nielsen, Lehmann Vibeke

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448858

Section: Chapter 13

Section Title: Facing the Compliance Challenge: Hercules, Houdini or the Charge of the Light Brigade?

Author(s): Haines, Fiona

Number of pages: 18

Extract:

13. Facing the compliance challenge:
Hercules, Houdini or the Charge
of the Light Brigade?
Fiona Haines*

INTRODUCTION

For a range of commentators, enhancing compliance means finding ways
to get individuals, managers and organizations to `do the right thing'
and comply with the legitimate demands of government to prevent harm.
Compliance is a self-evident virtue resulting in safer workplaces, safer
products, healthier food or a cleaner environment. As the sophistication
of this literature grows, a broad range of actors such as non governmental
organizations, unions and insurance companies are brought together with
an array of graduated enforcement possibilities to cajole, educate, exhort
or demand compliance (Ayres and Braithwaite, 1992; Baldwin and Black,
2008; Gunningham and Grabosky, 1998; Parker, 2002). There is much to
commend this approach where the aim of compliance remains narrow,
namely a concern to reduce a well-defined and proscribed harm. The com-
plexity and nuance in approach is anchored by clear aims.
This chapter explores why, despite this development of greater sophis-
tication in compliance and enforcement regimes, difficulties persist. To do
so, I analyze the way compliance involves bringing together two distinct
worlds, the world of the regulated place and the world of legislative intent
(Haines, 2005; Kahn-Freund, 1974), and how tensions are generated both
within and in the interaction between these two worlds. The world of the
regulated place is the subject of the first part of this chapter. At the level
of the regulated place, compliance is clearly affected by more than ...