Inquiries on Inquiries
Organizations build what they’re asked about. Every regulator, auditor, rater, and board asks about the regime that leaves a record, so organizations are built toward procedure—and away from the capacity to recognize and act when procedure stops fitting (the discretionary regime). This isn’t a failure of the organizations or of the institutions asking. It’s a challenging design puzzle: how do you pose questions that ask about the discretionary regime without converting it into more procedure?
This empirical research program addresses this puzzle through the study of inquiries. Inquiries can be asked before incidents—in a supervisory examination, an audit, a board review, or a leader’s own questions to their organization—and asked again, differently, as organizations move toward conformity. They can also be asked post-incident to help unearth, rather than obscure, responsibility.
The objective is to elicit evidence of discretionary capacity without specifying it—so that organizations are encouraged for protecting the discretionary regime.
Building the empirical foundations through new measurement instruments
The residual in disclosures
What do organizations say beyond what they were asked? How fast do the regulator’s template take over once a new rule is in force?
Accounts across inquiries
How does an organization’s account of the same event change with who is asking—regulators, boards, customers, courts? And does the question decide who is said to have acted?
Evolution of the questions themselves
How are provisions proposed, contested, reshaped, and cut in the rulemaking process—and what does that reveal about the questions that never get asked?