Regulatory inspection and the changing legitimacy of health and safety

The regulation of conduct via law is a key mechanism through which broader social meanings are negotiated and expressed. The use of regulatory tools to bring about desired outcomes reflects existing social and political understandings of institutional legitimacy, the meanings attached to regulation, and the values it seeks to advance. But these contextual understandings are not static, and their evolution poses challenges for regulators, particularly when they reflect political framing processes. This paper shows how inspection has been reshaped as a tool within the United Kingdom's health and safety system by changes in the meanings attached to the concept of “risk‐based regulation.” While rates of inspection have fallen dramatically in recent years, the nature and quality of inspection have also been fundamentally reshaped via an increasingly procedural and economically rational “risk‐based” policy context. This has had consequences for the transformative and symbolic value of inspection as a tool of regulatory practice.     

Responsiveness to the chlorhexidine epidural tragedy: a mental block?

Paralysis following an epidural anaesthetic is a rare event. The mechanism usually involves accidental injection of skin antiseptic instead of local anaesthetic. Two recent cases, one involving paralysis, the other a "near-miss", are described. The first case resulted in an extensive root cause analysis and an admission of liability by the hospital. The response of the anaesthetic community and the New South Wales Department of Health was swift but failed to produce uniform protocols across the region. Furthermore, the requirement of medical staff to double check medications with a second person before their administration was not addressed. Abandoning a more effective but neurotoxic antiseptic solution in favour of a solution with weaker antiseptic properties, as had previously occurred in one Sydney hospital, could incur higher risks of epidural infection. Defensive medical practice can lead to unwanted negative consequences.     

The case for Agrarian capitalism: A response to albritton

Albritton finds Brenner's designation ‘agrarian capitalism’ inappropriate for early English agriculture, as the law of value and the commodification of labour are undeveloped. But Brenner is not theorising a ‘full‐blown’ capitalism. His theory traces a process of transition, by which new rules for social reproduction and a new capitalist logic unfolded gradually. Albritton's evidence, moreover, actually supports Brenner's thesis. Charges of class reductionism misconstrue Brenner's efforts to overcome the tendency to dichotomise society into political and economic spheres. Brenner's theory provides what the bourgeois paradigm does not: a logical explanation of how market dependency and capitalist classes emerged.     

Precautionary Maybe,but What's the Principle? The Precautionary Principle,the Regulation of Risk,and the Public Domain

The 'precautionary principle', originating in the field of environmental protection but now widely applied, is a major point for discussion in the regulation of risk. Though promising proactive and pre-emptive intervention to prevent potentially irreversible harm, its precise meaning remains somewhat unclear. Legal systems tend to view it as procedural rather than substantive, and debates abound regarding its 'stronger' or 'weaker' versions and, indeed, the very concept of 'risk'. It is also necessary to discuss how the principle operates in varying administrative and constitutional contexts but the key task is to clarify the principle's fundamental value base. If its essentially collective orientation is highlighted, it may better ensure that democratic and non-pecuniary interests are given due prominence in regulatory contexts otherwise dominated by economic interests and technological imperatives, and it may then play an important role in reasserting the values of the public domain in the face of powerful private interests.