Why Rules Don't Work

Abstract

In virtually all fields of regulation and administration there are large numbers of rules that are regularly ignored or disobeyed. In spite of statutes, regulations and codes, rivers continue to be polluted, discrimination still takes place and many workplaces remain unsafe. Why do rules fail to work? How might rules be designed so as to work more efficiently? What is it that impedes the making of effective rules? These three questions are my central concern. The particular scheme of regulation I look at in detail is that applicable to workplace hazards in Britain. I attempt to draw broad lessons from that study and, in examining the way that rulemakers can and might behave, look at the insights offered by certain approaches to policy analysis. First though, the objects of study should be described. Rules can come in many different shapes and forms. They can also be used in association with a number of different regulatory strategies. These variations should be noted before the limitations of different rules in health and safety regulation are outlined.