Bargaining (in Regulatory Policy)
The process of negotiating.
K. Hawkins, ‘Environment and enforcement ’ (1984) cited in Morgan and Yeung, ‘Introduction to Law and Regulation’ (2007), p185.
Bargaining is an important concept for regulatory policy. K. Hawkings writes the following about the relationship between bargaining and compliance:
"Compliance takes on the appearance of voluntariness by the use of bargaining. Bargaining processes have ‘a graduated and accommodative character’ which draw their efficacy from the ostensibly voluntary commitment of the parties…. Bargaining is central to enforcement in compliance systems; control is buttressed for it is derived from some sort of consensus. Bargaining implies the acquiescence of the regulated, however grudging. And it inevitably suggests some compromise from the rigours of penal enforcement."