The engineer's dilemma: A sociological perspective on juridificaton and regulation

Abstract

Juridification refers to the tendency for organisations and individuals subject to regulation to be overwhelmed by detailed rules, standards and instructions. Many researchers have argued that such over-prescriptiveness can in fact undermine the likelihood that a business or individual will comply. Though proceeding from different theoretical perspectives, writers such as Braithwaite, Teubner and Patterson all argue that juridification can be minimised by improving regulatory strategies and techniques. Instead of being rule bound and relying on detailed prescriptions, authorities should become more flexible and outcome-oriented. This paper uses the case-study of a Chief Engineer in an Austra..