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4 - Why Not Regulate?

Published online by Cambridge University Press:  13 August 2026

Stavros Gadinis
Affiliation:
University of California, Berkeley
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Summary

Chapter four addresses the objection that social governance should be left to public regulators rather than corporations. It explains why regulation often arrives too late to guide corporate decisions about new technologies, platforms, and global supply chains. Firms must act long before legislatures or agencies develop workable rules.

The chapter also shows how regulators frequently rely on corporate practices when building legal frameworks. Corporate standards, metrics, and monitoring systems often become templates for public regulation. This pattern does not reflect capture alone. It reflects the information and capacity advantages that firms possess in fast moving domains.

The chapter proposes a diagnostic approach. Strong corporate ordering can justify regulatory restraint when governance systems demonstrate real deliberative capacity. Weak or symbolic ordering signals the need for intervention.

Rather than presenting corporate governance and regulation as alternatives, the chapter explains how they interact over time. Corporate ordering shapes the terrain on which regulation emerges. Public law then stabilizes, corrects, or constrains private governance. Understanding this interaction is essential for evaluating both corporate claims and regulatory design.

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  • Why Not Regulate?
  • Stavros Gadinis, University of California, Berkeley
  • Book: Corporate Ordering
  • Online publication: 13 August 2026
  • Chapter DOI: https://doi.org/10.1017/9781009873741.005
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  • Why Not Regulate?
  • Stavros Gadinis, University of California, Berkeley
  • Book: Corporate Ordering
  • Online publication: 13 August 2026
  • Chapter DOI: https://doi.org/10.1017/9781009873741.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Why Not Regulate?
  • Stavros Gadinis, University of California, Berkeley
  • Book: Corporate Ordering
  • Online publication: 13 August 2026
  • Chapter DOI: https://doi.org/10.1017/9781009873741.005
Available formats
×