The effectiveness of licensing

Suggesting that licensing may not only fail to accomplish its intended purpose, but may be counterproductive, the author asserts that licensing may not improve the quality of professional services, that licensing boards fail to discipline unethical or incompetent practitioners, and that actions taken against the unlicensed are more often aimed at eliminating competition, not incompetence. In addition, licensing laws may have negative side effects, including an increase in the cost of professional services, the creation of shortages and maldistributions in supply, ineffective use of paraprofessionals, and impediments to needed reforms in education, training, and services. He concludes that equally effective alternatives may be available that are less expensive and have less negative impact, and advocates a system of registration for all practitioners, as well as making other suggestions to improve the overall functioning of licensing boards. Finally, because of political realities, the author proposes a compromise between his ideal model and the current system.     

The Polish Shipyard: Myth,Economic History and Economic Policy Reform in New Zealand*

The New Zealand economy before the election of the Fourth Labour Government in 1984 is often portrayed as something not only highly regulated — but as something uniquely so amongst developed nations, with a stagnant economy declining in the post‐war era and nearing collapse by the 1984 election — the Polish shipyard. We show that New Zealand was not overly‐regulated by the standards of the time, with many of its policies reflecting development elsewhere; it was generally liberalising in the post‐war era and its economic decline and supposed collapse have been considerably overstated. This invented history gave impetus to radical economic reform after 1984 by framing the apparently failed and bizarre past as forcing inevitable solutions. It is an important constraint on policy‐making in New Zealand, allowing policy to develop only along certain “appropriate” paths. It provided cohesion for policy makers in the face of less than certain results and harnessed emotional and intellectual energy towards the free‐market quest, while legitimating certain policy directions and de‐legitimating others.     

The Failure of Trust-Based Retributivism

Law and Philosophy -