Breaking the rules and making the rules: Evasion, avoidance, and policy reform

Abstract

Rule evasion and avoidance can have a significant impact on policy outcomes, and therefore on the design, implementation, and enforcement of policies. The purposes of this paper is to assess the causes and consequences of evasion and avoidance in general settings, including their implications for policy reform. Evasion of rules often serves a socially useful role, and can promote efficient policies. Small-scale evasion typically provokes one of three responses: it is either effectively ignored, enforcement is increased, or the rule is revised. Large-scale evasion, alternatively, tends to meet with major policy shifts. Avoidance and evasion frequently temper the anticipated impacts of policy reforms, but are unlikely to render reform futile. Indeed, ongoing processes of reform might be required to maintain effective policies.