The second key heading is also very familiar and discussed in German literature in particular as a governance concept of the “ensuring state” (Gewdhrleis- tungsstaat) (Die Verwaltung 2001). A plausible example to consider would be the case of collective bargaining, in which private rule production actually takes place-facilitated and channeled through state agenda setting. A summarizing commentary in a contribution by Gerd Bender (2006, 361) makes the following point: “The most spectacular of these evolutionary achievements, which are embodied by self-regulation in the economic system and crucially concern the ‘cooperative state,’ is the initially much vaunted and now almost notorious collective bargaining. . . . It is this mechanism of rule production by private collective entities through state procedural law, which is so central to the German variant of capitalism,” that made a “strong contribution to the history of regulation in Germany.”
Having presented these two evident and largely familiar examples, I would now like to formulate some more general conclusions under the next two headings.