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Law and corporate behaviour : integrating theories of regulation, enforcement, compliance and ethics /

By: Hodges, Christopher
Material type: BookSeries: Civil justice systems ; 3.Publisher: Oxford : Hart Publishing, c2015.Description: xxix, 800 p. : ill. ; 26 cm.ISBN: 9781849466530Subject(s): Corporate governance -- Law and legislation | Business ethics | LAW / Administrative Law & Regulatory PracticeDDC classification: 346.0664 HO LA Online resources: Location Map
Summary:
This book examines the theories and practice of how to control corporate behavior through legal techniques. The principal theories examined are deterrence, economic rational acting, responsive regulation, and the findings of behavioral psychology. Leading examples of the various approaches are given in order to illustrate the models: private enforcement of law through litigation in the US, public enforcement of competition law by the European Commission, and the recent reform of policies on public enforcement of regulatory law in the UK. Noting that behavioral psychology has as yet had only limited application in legal and regulatory theory, the book then analyzes various European regulatory structures where behavioral techniques can be seen or could be applied. The sectors examined include financial services, civil aviation, pharmaceuticals, and workplace health/safety. The key findings are that 'enforcement' has to focus on identifying the causes of non-compliance, so as to be able to support improved performance, rather than be based on fear motivating complete compliance. Systems in which reporting is essential for safety only function with a no-blame culture. The book concludes by proposing an holistic model for maximizing compliance within large organizations, combining public regulatory and criminal controls with internal corporate systems and external influences by stakeholders, held together by a unified core of ethical principles. Hence, the book proposes a new theory of ethical regulation.
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Item type Home library Call number Status Date due Barcode Item holds
REGULAR University of Wollongong in Dubai
Main Collection
346.0664 HO LA (Browse shelf) Available T0052165
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Introduction Part A: Psychology 1. The Findings of Social Psychology Part B: Deterrence 2. Deterrence Theory 3. Private Enforcement in USA 4. Enforcement of Competition Law 5. Criticisms of Deterrence 6. Empirical Evidence 7. Conclusions Part C: Regulation 8. Public Regulation 9. The Structure of Regulation and Self-Regulation in the UK 10. Developments in Criminal Enforcement in the United Kingdom 11. Responsive, Meta and Compliance Theories 12. OECD Policy on Regulation and Enforcement 13. The Enforcement Policies of Individual Agencies 14. Consumer Trading and Protection 15. Competition 16. Conclusions on Current Enforcement Policy Part D: Regulation and Compliance by Business 17. Standards, Accreditation, Self-Regulation and Co-Regulation 18. Compliance within Business Organisations Part E: Regulatory Architectures 19. Regulating Safety 20. Financial Services Part F: Conclusions 21. Business Values: Culture, Commitment, Trust and Ethics 22. Conclusions: Ethical Regulation ction B. Compliance Systems C. The Deterrence Tradition/Models 1. Deterrence in criminal law 2. Deterrence in economic theory 3. The example of private enforcement in USA 4. The example of competition enforcement by the European Commission D. Responsive Regulation Models 1. The empirical research and its theories 2. Some examples: Braithwaite, Hawkins, Haines, Hutter 3. Developments in enforcement of criminal law 4. The example of the reform of UK regulatory policy from 2007 E. Behavioural psychology 1. The findings of the psychology research 2. Examples of where elements can be seen in regulatory systems i. pharmaceutical safety regulation ii. airline safety iii. HSE iv. financial services 3. integrating public and corporate compliance and sanctioning systems F. Conclusions 1. Discussion of the various theories, and how they can be combined 2. A holistic model: i. A quality system ii. Internal and external iii. Self-regulation iv. Stakeholders and transparency v. External checking, audit vi. whistleblowing vii. Add CDR to regulation viii. Toolbox of powers (Denmark) ix. safeguards 3. An example of how a holistic system of corporate behaviour would work.

This book examines the theories and practice of how to control corporate behavior through legal techniques. The principal theories examined are deterrence, economic rational acting, responsive regulation, and the findings of behavioral psychology. Leading examples of the various approaches are given in order to illustrate the models: private enforcement of law through litigation in the US, public enforcement of competition law by the European Commission, and the recent reform of policies on public enforcement of regulatory law in the UK. Noting that behavioral psychology has as yet had only limited application in legal and regulatory theory, the book then analyzes various European regulatory structures where behavioral techniques can be seen or could be applied. The sectors examined include financial services, civil aviation, pharmaceuticals, and workplace health/safety. The key findings are that 'enforcement' has to focus on identifying the causes of non-compliance, so as to be able to support improved performance, rather than be based on fear motivating complete compliance. Systems in which reporting is essential for safety only function with a no-blame culture. The book concludes by proposing an holistic model for maximizing compliance within large organizations, combining public regulatory and criminal controls with internal corporate systems and external influences by stakeholders, held together by a unified core of ethical principles. Hence, the book proposes a new theory of ethical regulation.

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