covediver
Contributor
Think of regulation as being either "protective" or "competitive". Protective regulations seeks to protect life, property, or public health and safety, sometimes going so far as to protect people from themselves. Competitive regulation regulates commerce, often placing hurdles to entry to the exclude others who would like in. Private regulation often seeks to give the illusion of protective regulation in order to head off government intervention. When and if government intervenes, it usually adopts the private regulation as the standard of protection.
For example, many states ban boxing contests that are not sanctioned by the state's athletic commission as a means of protective regulation with some elements of competitive regulation. The commissions usually address only professional contests, which would eliminate amateur boxing, so exceptions are put into law for that activity, but only when done under the auspices of an nationally recognized sanctioning authority such as Golden Gloves (which is a franchise), USA Boxing, Police Activity Leagues, Boys and Girls Clubs, etc. None of this keeps two kids from going to sports authority, buying a pair of everlast gloves, and beating each other's brains out, although local ordinances often prohibit such activity if done in a public space under the auspices of "disturbing the peace".
In my mind, scuba certification agencies started out as private protective regulation. Initially, the barriers to becoming a scuba instructor were few and competition was minimal. As the sport got popular and more unsuspecting people were attracted to it there were a few deaths, inviting government scruitiny (which usually begets regulation). Certification agencies gave the illusion of protective self-regulation to head off government intervention. As the sport matured, protective self-regualtion has evolved into competitive self-regualtion in order to create barriers to entry for instructors and others.
For example, many states ban boxing contests that are not sanctioned by the state's athletic commission as a means of protective regulation with some elements of competitive regulation. The commissions usually address only professional contests, which would eliminate amateur boxing, so exceptions are put into law for that activity, but only when done under the auspices of an nationally recognized sanctioning authority such as Golden Gloves (which is a franchise), USA Boxing, Police Activity Leagues, Boys and Girls Clubs, etc. None of this keeps two kids from going to sports authority, buying a pair of everlast gloves, and beating each other's brains out, although local ordinances often prohibit such activity if done in a public space under the auspices of "disturbing the peace".
In my mind, scuba certification agencies started out as private protective regulation. Initially, the barriers to becoming a scuba instructor were few and competition was minimal. As the sport got popular and more unsuspecting people were attracted to it there were a few deaths, inviting government scruitiny (which usually begets regulation). Certification agencies gave the illusion of protective self-regulation to head off government intervention. As the sport matured, protective self-regualtion has evolved into competitive self-regualtion in order to create barriers to entry for instructors and others.
