Нужно сопоставить! Business interests may be united or divided in relation to public institutions and the laws that these
institutions create. Regulation provides some businesses with competitive advantages over others,
creating incentives for different public-private alliances. Business is divided on account of economic
competition, and public actors are divided on account of political, ideological and administrative
competition. (1)

Business and law interact in mutually supportive and mutually constraining ways. On the one hand, law
can constrain business choice so that business attempts to constrain law’s reach. On the other hand, law
provides legitimacy for business operations, shielding them from fundamental challenges.
(2)
.
Legislators may respond to business demands for many reasons, ranging from self-interest in campaign
support and a desire not to harm business in light of business’s importance for the economy.
(3)
They
can fund political campaigns, hire well-connected lobbyists, create think-tanks to circulate businessfriendly ideas, access the media, and promote the exchange of their personnel into government
positions. Because of these resources, organized businesses tend to have preferential access to the
political process so that legislators take account of their views.
Business interests have long held a preferential position in lawmaking. Their importance for investment
in capitalist economies provides them with a privileged position in dealings with government, since
market critical functions such as jobs, production, prices, standard of living and economic security
depend on business activity. (4)
.Busines
s can threaten to invest elsewhere if national regulation is unfavorable. During financial crises, some
businesses can be deemed too big and too important to fail.
Political representatives respond to popular concerns regarding business power, the intensity of which
varies over time. (5)
Yet
when faced with potentially constraining regulation, business lobbying can produce compromises that
safeguard business interests, such as the inclusion of exceptions, loopholes and open-ended
language subject to subsequent interpretation. In some cases, “public interest” statutesmay serve as a
façade, providing a symbol of government concern while masking government inaction.

A. In the United States, the regulatory state grew significantly during the New Deal
in the 1930s, in response to the public interest movement of the 1970s, and may well do so in
light of the global financial crisis that exploded in 2008.
B. Government has incentives to facilitate business performance by providing
business with benefits, including tax breaks, subsidies, or business-favorable regulation.
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C. Organized businesses enjoy significant advantages in the legislative process over
other constituencies because of their monetary and organizational resources, facilitated in the
United States by its traditionally pro-business orientation.
D. Business thus invests in law, both to shape law and to support business interests
and to legitimize business conduct.
E. Different factions within business thus ally with different factions of government.
F. By initiating and defending cases, litigants shape the law’s application,
interpretation and elaboration over time.