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Policing and Regulation: Whatisthe Difference?

Liverpool John Moores University, UK

The literatures regarding policing and regulation are largely separate, reflecting the common assumption that there is some essential distinction between the activities. The relevance of the decline in state sovereignty and associated shifts to ‘governance’ and the ‘regulatory state’ are discussed. Much state intervention regarding crime is aimed formally at the repression of illegal markets while states also seek to regulate legal ones. Yet the distinction is far less in practice: the ubiquity of ‘knowledge’ and ‘power’ problems facing states, the fragmentation of policing and regulatory agencies and the persistence of ‘enterprise’ crime are some of the factors discussed. The variety of relationships existing between police and regulators on the one hand, and firms and entrepreneurs ranged on a spectrum of legal through ‘grey’ to illegal markets, on the other, are examined. It is argued that there is no essential difference between the two activities. Rather, the analysis of contemporary policing would be improved by viewing it as part of a spectrum of regulation. This will facilitate analysis of the crucial interaction between regulators and markets.

Social & Legal Studies, Vol. 11, No. 4, 523-546 (2002)
DOI: 10.1177/096466390201100403


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