Law and Corporate Behaviour: Integrating Theories of Regulation, Enforcement, Compliance and Ethics (Civil Justice Systems)
By: Christopher Hodges (author)Hardback
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This book examines the theories and practice of how to control corporate behaviour through legal techniques. The principal theories examined are deterrence, economic rational acting, responsive regulation, and the findings of behavioural psychology. Leading examples of the various approaches are given in order to illustrate the models: private enforcement of law through litigation in the USA, public enforcement of competition law by the European Commission, and the recent reform of policies on public enforcement of regulatory law in the United Kingdom. Noting that behavioural psychology has as yet had only limited application in legal and regulatory theory, the book then analyses various European regulatory structures where behavioural techniques can be seen or could be applied. Sectors examined include financial services, civil aviation, pharmaceuticals, and workplace health & safety. 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 maximising compliance within large organisations, 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.
Christopher Hodges is Professor of Justice Systems, and Fellow of Wolfson College, University of Oxford and an Honorary Professor at China University of Political Science and Law, Beijing.
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
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- ID: 9781849466530
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