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Shifts in Private and Public Regulation

The Example of Work-Related Risks

Shifts in Private and Public Regulation
  • Year of publication 2017
  • 32 pages
Author:Niels Philipsen
Series:Erasmus Law Lectures (volume 43)
Category: Law Private Law
Icon_printbook 978‐94‐6236‐821‐7 | paperback | 1st edition | € 24,95
Icon_ebook 978‐94‐6274‐812‐5 | ebook | € 24,95 / $ 33,68 / £ 26,45

In his inaugural lecture, Niels Philipsen discusses the (potential) role of private actors in the regulation of work-related risks, such as industrial accidents and occupational diseases.
Taking the economic analysis of regulation as a starting point, Philipsen argues that a ‘smart mix’ of public and private regulation is needed for an optimal prevention and compensation of work-related risks. The advantages and disadvantages of various regulatory instruments are thusly highlighted. In the lecture's second part, economic theory is confronted with some of the available empirical evidence. Do private actors really respond to shifts in regulation according to the predictions made in the theoretical law and economics literature? Philipsen addresses this question for three distinct groups of private actors: employees, employers and (liability) insurers. On the basis of a quick-scan of the literature, Philipsen concludes that there are still several unresolved questions concerning the coping behaviour of these private actors. These conclusions take the form of a research agenda, which emphasizes the importance of empirical research.

Author's information

Niels Philipsen is professor of Shifts in Private and Public Regulation at the Erasmus School of Law and Associate Professor in Law and Economics and Vice-Director of research institute METRO at Maastricht University. His main research interest is the economic analysis of law, more specifically in relation to competition and regulation, torts and insurance, environmental law, and economics of federalism.