Law and Corporate Behaviour

Integrating Theories of Regulation, Enforcement, Compliance and Ethics
1. Auflage 2015
ISBN: 978-1-84946-653-0
Verlag: Hart Publishing

Buch, Englisch, 832 Seiten, Hardback, Format (B × H): 244 mm x 169 mm, Gewicht: 1559 g

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.

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Autoren/Hrsg.

Hodges, Christopher

Fachgebiete

• Wirtschaftswissenschaften Betriebswirtschaft Management Compliance
• Sozialwissenschaften Politikwissenschaft Regierungspolitik Innen-, Bildungs- und Bevölkerungspolitik
• Wirtschaftswissenschaften Betriebswirtschaft Unternehmensorganisation, Corporate Responsibility Unternehmensethik
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtspolitik

Inhaltsverzeichnis

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

Über Autor(innen)

Hodges, Christopher
Christopher Hodges OBE is Emeritus Professor of Justice Systems at the Centre for Socio-Legal Studies, Oxford, UK; Supernumerary Fellow of Wolfson College, University of Oxford, UK; and Chair of the Regulatory Horizons Council, UK.

Photo courtesy of Faculty of Law, University of Oxford.

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.