Week 1A: Introduction to Market Regulation Flashcards
How does one define market regulation
-definition by scope
-defintion by function
Explain how one can define regulation by function
-Market regulation can be def. in its cap. 4:
1.standard setting
-ability to create distinct. between m o l pre.
-states of the system
2.information gathering or monitoring
-prod. knowledge of current or changing state of market
3behaviour modification
-ab. to change the state of the system
Explain what standard setting is
-establishing distinctions between the preferred and not preferred states of the system
Explain what information gathering is
- producing knowledge about the current or changing states of the system
Explain what behaviour modification is
changing the state of the system
List an example of a ‘scandal’ which involved misinformation
-Volkswagen emission scandal
Explain market regulation in terms of scope
-In the narrow sense
-intentional attempts
-by the state
-2 influence. soc. beha./attitudes in the marketplace
-collective concerns
-esta., monitoring, enforcing
-Broader sense
-ALL SOCIAL CONTROL
-int. or not
imposed BY THE STATE or other soc. inst.
-
Explain the main considerations/ logic of market regulation
Three Principal Issues
1. goal or outcome to be achieved?
2. stan. of cond. from mark. participants?
3.enforce. tech. are appropriate to ensure comp?
Explain the law’s role in market regulation through two different subcategories-
*Instrumental Role
* Instrument for infl. social behaviour to fac. challenges in the market
-Foundational role
* -lay down foundations for peaceful cooper. bet indi.
* -Through broader values: e.g: r.o.l
* -thus, check on inst. power (constraint)
Explain the differences in pub. law and priv. law
-vertical vs. horizontal
-Distributive (soc.) justive vs. interpersonal (corrective) justice
-Pub. enforcement v. Priv. enforcement
-Ex ante vs. ex poste
Explain the relationship between Constitutional and Administrative law through an example
Example: Climate Activists block main road into The Hague
–> Constitutional law sets the general framework for the rela. between state + citizen
–> protest/block demonstration–> right to demonstrate
–>Adminisis. law delineates how/ when. implemented
–> not allowed to block road