Optimization and Its Discontents in Regulatory Design: Bank Regulation as an Example

Details

Author(s):
  • William Simon
Publish Date:
January 8, 2010
Publication Title:
Columbia Public Law Research Paper No. 10-224
Format:
Working Paper
Citation(s):
  • William H. Simon, Optimization and Its Discontents in Regulatory Design: Bank Regulation as an Example, Columbia Public Law Research Paper No. 10-224 (2010).

Abstract

Economists and economically-trained lawyers tend to speak about regulation from a perspective organized around the basic norm of optimization. By contrast, an important managerial literature espouses a perspective organized around the basic norm of reliability. The perspectives are not logically inconsistent, but the economist’s view sometimes leads in practice to a preoccupation with decisional simplicity and cost minimization at the expense of complex judgment and learning. Drawing on a literature often ignored by economists and lawyers, I elaborate the contrast between the optimization and reliability perspectives. I then show how it illuminates current discussions of the reform of bank regulation.