Going by the book

The extent to which government should be involved with regulation in the private sector is much debated. More fundamentally, one might ask exactly what is regulation, why is it needed, how is it formulated, and how is it enforced? These questions are especially relevant at a time in United States history when federal involvement in spheres traditionally left to individuals is being widely debated on all sides of the political spectrum.

Eugene Bardach and Robert A. Kagan, the authors of Going by the Book explore the positive as well as the negative consequences of governmental regulation. They argue that the most successful forms of regulation emerge from moderate, discretionary use of regulatory law. Using extensive interviews with government agency officials, experts on regulatory law, and businessmen. they find that governmental intervention is often necessary, but not necessarily to the extent postulated by those who support regulation. Bardach and Kagan also do not conclude that governmental intervention should be eliminated, or reduced to the extent advocated by proponents of deregulation. They find that over-regulation is often a response of administrators to minimize potential litigation, but it can adversely undermine an agency's legitimacy. At best, it exposes regulatory agencies to second-guessing, and sparks resistance from businesses and agencies who resent governmental Intrusion into their affairs. Similarly, under-regulation may create perceptions that an agency is ineffectual. This middle ground is seen as the most desirable option, although it may be difficult to achieve.

In their new introduction, the authors discuss their findings in light of the twenty years that have passed since Going by the Book was first published. They explore the growing regulation of recent years as well as regulatory. reforms, and find that there are still two competing visions of regulation in the United States: enforcing laws versus solving problems. This is a mandatory work for public policymakers, experts in economics, government and regulatory law, and students and theoreticians of political science.