The challenge of accountability in complex regulatory networks: The case of the Deepwater Horizon oil spill

A puzzle that faces public administrators within regulatory governance networks is how to balance the need for democratic accountability while increasingly facing demands from elected officials to optimize oversight of industry by utilizing the expertise of the private sector in developing risk‐based standards for compliance. The shift from traditional command and control oversight to process oriented regulatory regimes has been most pronounced in highly complex industries, such as aviation and deepwater oil drilling, where the intricate and technical nature of operations necessitates risk‐based regulatory networks based largely on voluntary compliance with mutually agreed upon standards. The question addressed in this paper is how the shift to process oriented regimes affects the trade‐offs between democratic, market, and administrative accountability frames, and what factors determine the dominant accountability frame within the network. Using post‐incident document analysis, this paper provides a case study of regulatory oversight of the deepwater oil drilling industry prior to the explosion of the Deepwater Horizon rig in the Gulf of Mexico, to explore how the shift to a more networked risk‐based regulatory regime affects the trade‐offs and dominant accountability frames within the network. The results of this study indicate that a reliance on market‐based accountability mechanisms, along with the lack of a fully implemented process‐oriented regulatory regime, led to the largest oil spill in US history.     

Contemporary Psychoanalysis and Critical Theory: A New Synthesis

ABSTRACT

Critical Theory and contemporary psychoanalytic perspectives share many compatibilities in offering a constructive critique of society. Psychoanalysis teaches us that whatever values and ideals societies adopt, they are always mediated through unconscious psychic processes that condition the collective in both positive and negative ways, and in terms of relations of recognition and patterns of social justice. Contemporary critical theory may benefit from engaging post-classical and current trends in psychoanalytic thought that have direct bearing on the ways we conceive of and observe how individuals operate within social collectives. In particular, Axel Honneth relies on psychoanalytic sources that are dated. Critical theory would profit from engaging post-object relations schools such as self psychology, analytical psychology, psychoanalytic intersubjectivity theory, relationality, and contemporary attachment theory that are more nuanced yet can supplement Winnicottian perspectives. Implications for contemporary theory need to reflect upon how the psychosocial matrix of self and society both facilitate and hinder optimal social arrangements and fabrics of justice as it takes up the question of normativity. It is within this context that I hope to introduce contemporary psychoanalytic paradigms that move beyond classical models yet complement redirecting shifts in emphasis both psychoanalysis and Critical Theory attempt to accomplish. I suggest that an applied psychoanalytic explication on social phenomenology can expand the interpretive depth and breadth of human relations and open up a permissible space for interdisciplinary discourse. Here new vistas emerge for a proposed synthesis between the two schools of thought.     

It's not just about the profits: privatisation,social enterprise and the ‘John Lewis’ prison

Abstract

The introduction of the Community Order (CO) and Suspended Sentence Order (SSO) in the 2003 Criminal Justice Act, on paper at least, radically reconfigured community sentences in England and Wales. The CO replaced the range of community sentences previously available with a single sentence. The SSO brought in a custodial sentence to be served in the community unless breached. Both orders were to be made up of one or more requirements from a possible of 12 (including unpaid work, supervision, accredited programmes, curfew and drug treatment).     

Secondary learning and the unintended benefits of collaborative mechanisms: The Federal Aviation Administration's voluntary disclosure programs

Along with other types of process‐oriented regulation, voluntary disclosure programs are increasingly used by regulatory agencies to supplement traditional inspection activities. Voluntary disclosure programs provide incentives, such as immunity or reduced regulatory enforcement to those submitting reports, while providing regulatory agencies with valuable information on existing risks and areas of non‐compliance. This article contributes to the discussion of voluntary disclosure programs by highlighting an important unconsidered benefit of such programs: the secondary learning they generate, above and beyond information about violations. Beyond the information submitted by firms contained in the self‐disclosures, the programs generate information and insights about the usual practices of the industry, the division of labor, typical problems, and ways to handle them – those details often invisible to those outside an organization or inside the organization but not “on the ground.” This additional information provides important benefits to both industry management and agency officials. We demonstrate the existence of secondary learning and describe the effect of the structure of voluntary programs on secondary learning with evidence from two case studies of the Federal Aviation Administration's voluntary disclosure programs: the Aviation Safety Action Program and the Voluntary Disclosure Reporting Program.