law and corporate behaviour integrating theories of regulation enforcement compliance and ethics civil justice systems

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Law And Corporate Behaviour

Author : Christopher Hodges
ISBN : 9781782255826
Genre : Law
File Size : 70. 42 MB
Format : PDF, Mobi
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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.

Law And Corporate Behaviour

Author : Christopher Hodges
ISBN : 9781782255833
Genre : Law
File Size : 75. 30 MB
Format : PDF, ePub
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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.

Law And Corporate Behaviour

Author : Christopher Hodges
ISBN : 184946653X
Genre : Law
File Size : 27. 69 MB
Format : PDF, ePub, Docs
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This book examines the theories, findings of behavioural psychology research and practice of how to control corporate behaviour through legal techniques

The Law Of Good People

Author : Yuval Feldman
ISBN : 9781108656344
Genre : Law
File Size : 77. 11 MB
Format : PDF, Mobi
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Currently, the dominant enforcement paradigm is based on the idea that states deal with 'bad people' - or those pursuing their own self-interests - with laws that exact a price for misbehavior through sanctions and punishment. At the same time, by contrast, behavioral ethics posits that 'good people' are guided by cognitive processes and biases that enable them to bend the laws within the confines of their conscience. In this illuminating book, Yuval Feldman analyzes these paradigms and provides a broad theoretical and empirical comparison of traditional and non-traditional enforcement mechanisms to advance our understanding of how states can better deal with misdeeds committed by normative citizens blinded by cognitive biases regarding their own ethicality. By bridging the gap between new findings of behavioral ethics and traditional methods used to modify behavior, Feldman proposes a 'law of good people' that should be read by scholars and policymakers around the world.

Delivering Collective Redress

Author : Christopher Hodges
ISBN : 9781509918560
Genre : Law
File Size : 53. 3 MB
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This book charts the transformative shifts in techniques that seek to deliver collective redress, especially for mass consumer claims in Europe. It shows how traditional approaches of class litigation (old technology) have been eclipsed by the new technology of regulatory redress techniques and consumer ombudsmen. It describes a series of these techniques, each illustrated by leading examples taken from a 2016 pan-EU research project. It then undertakes a comparative evaluation of each technique against key criteria, such as effective outcomes, speed, and cost. The book reveals major transformations in European legal systems, shows the overriding need to view legal systems from fresh viewpoints, and to devise a new integrated model.

Delivering Collective Redress

Author : Christopher Hodges
ISBN : 150991854X
Genre : Citizen suits (Civil procedure)
File Size : 82. 54 MB
Format : PDF, ePub
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This book charts the transformative shifts in techniques that seek to deliver collective redress, especially for mass consumer claims in Europe. It shows how traditional approaches of (class) litigation (old technology) have been eclipsed by the new technology of regulatory redress techniques and consumer ombudsmen. It describes a series of these techniques, each illustrated by leading examples taken from a 2016 pan-EU research project. It then undertakes a comparative evaluation of each technique against key criteria, such as effective outcomes, speed, and cost. The book reveals major transformations in European legal systems, and the overriding need to view legal systems from fresh viewpoints, and to devise a new integrated model.

Oecd Best Practice Principles For Regulatory Policy Regulatory Enforcement And Inspections

Author : OECD
ISBN : 9789264208117
Genre :
File Size : 52. 86 MB
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This report provides guidance to policy makers on improving regulatory enforcement and inspections and provides some examples of good practices in this area.

Why People Obey The Law

Author : Tom R. Tyler
ISBN : 9780691126739
Genre : Law
File Size : 71. 96 MB
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People obey the law if they believe it's legitimate, not because they fear punishment--this is the startling conclusion of Tom Tyler's classic study. Tyler suggests that lawmakers and law enforcers would do much better to make legal systems worthy of respect than to try to instill fear of punishment. He finds that people obey law primarily because they believe in respecting legitimate authority. In his fascinating new afterword, Tyler brings his book up to date by reporting on new research into the relative importance of legal legitimacy and deterrence, and reflects on changes in his own thinking since his book was first published.

A Comparative Examination Of Multi Party Actions

Author : Joanne Blennerhassett
ISBN : 9781509905300
Genre : Law
File Size : 88. 56 MB
Format : PDF
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This monograph addresses the phenomenon of mass harm and how it may be resolved through collective redress. It examines particularly how such redress may be achieved through mechanisms such as multi-party actions (MPAs). In order to do this, an analytical framework is created against which to evaluate various multi-party procedures. This is illustrated through the experience of a selection of common law jurisdictions in dealing with mass harm Â? namely that of England and Wales, Canada, Australia and the United States, as well as that of EU collective redress. It examines multi-party action laws benchmarked against the objectives identified in the analytical framework. The phenomenon of environmental mass harm in particular is explored as a case study, as it illustrates some of the difficulties that may arise in mass harm litigation. Also, this work explores where the best solutions for mass harm redress may lie in the future Â? perhaps in collective actions or through alternatives such as regulation and alternative dispute resolution or a combination of these. Finally, the experience of mass harm litigation in Ireland is examined, as currently this jurisdiction does not have an effective mechanism for dealing with mass harm.

Ethical Business Practice And Regulation

Author : Christopher Hodges
ISBN : 9781509916375
Genre : Law
File Size : 54. 51 MB
Format : PDF, ePub
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This book explains the concepts of Ethical Business Practice (EBP) and Ethical Business Regulation (EBR), a new paradigm in compliance and enforcement based on behavioural science and ethics. EBR provides the basis for an effective relationship between a business and its regulators, resulting in better outcomes for both. EBR is attracting extensive attention from regulators and businesses around the world. The UK Government's 2017 Regulatory Futures Review draws on EBR as the foundation for its policy of 'regulatory self-assurance'. EBR draws on findings from behavioural science, responsive regulation, safety and business and integrity management to create a practical and holistic approach. Examples include the open culture that is essential for civil aviation safety, the Primary Authority agreements between regulators and national businesses, and feedback mechanisms provided by market vigilance systems and sectoral consumer ombudsmen. This book provides an essential blueprint for sustainable business and effective future regulation. PRAISE FOR THE BOOK "Finally, a new paradigm in compliance and regulation that gets to the heart of what truly matters--values-based and ethically-based leadership. In the 21st century who you are, how you behave, and what you stand for are destined to become the new frontiers of competitive advantage. Success in the future will be all about the culture the leaders create.†? Richard Barrett, Chairman of the Barrett Values Centre and Founder of the Academy for the Advancement of Human Values. "This book makes an insightful case for business to benefit from being values-driven rather than focussed on short-term profits, and for promoting an open, just culture rather than a blame culture. It also convincingly contends that while business regulators must take closing businesses and deterrence seriously, deterrence can also have counterproductive effects. This is a book rich in lessons about how we can all learn how to build more ethical corporate cultures.†? John Braithwaite, Australian National University "In this long overdue, much needed and wonderfully practical book, Christopher Hodges and Ruth Steinholtz have provided a guide for both business practitioners and regulators that lays out the rationale, a mindset and a roadmap for a more realistic, more honest and ultimately more productive working relationship between these two powerful societal players. The book remains remarkably readable and engaging while providing a solid foundation of insights-from both science and real world experience-into the factors that encourage as well as discourage ethical human behavior. The central argument at the book's heart is the simple yet powerful idea that deterrence and adversarialism have not and will not serve to build the trust-based relationships between the public and the private sectors upon which a productive and mutually beneficial functioning of our economy relies-and that cooperation and a mutual learning orientation will. Although their book targets regulators and business practitioners, its lessons provide a critical key for beginning to address the wide-ranging challenges at the heart of our world's current larger spiral of distrust, fear, resentment and retaliation. Hodges and Steinholtz have done us all a great service.†? Mary C. Gentile PhD, Author of Giving Voice To Values: How To Speak Your Mind When You Know What's Right and Professor of Practice, University of Virginia Darden School of Business "After every institutional failure, the cry goes up for more ethical behaviour from more ethical individuals. But where are such people to be found? How would you identify them? Where do they come from-and what militates against them? This book sets itself the ambitious goal of analysing what ethical businesses look like and how they behave. It doesn't dodge the hard questions or promise simplistic solutions but dares to look fearlessly at the most important questions of our age.†? Margaret Heffernan, Author of Wilful Blindness. Why we ignore the obvious at our peril "Hodges and Steinholtz have done a great service to business. Ethical Business Practice and Regulation is a must-read for all leaders eager to drive sustainable social and economic growth by infusing their organisation with value and integrity. The authors' inspirational vision of a better business world - indeed a better society - can be realised with this practical guide.†? Roswitha Reisinger, General Counsel Europe, Otsuka Pharmaceutical Europe Ltd. "There is a clear and present danger that the economic regulation of utilities becomes ever more invasive and prescriptive. Such a path is undesirable, limiting the discretion and authority of senior management and resulting in a much reduced focus on the needs of the customer…Chris Hodges' Ethical Business Regulation (EBR) concept has provided the Scottish water industry an opportunity to break out of this pattern of ever decreasing circles. EBR has offered an unique opportunity to explore, constructively and collaboratively, the thorniest of regulatory issues and to do the right thing for customers, our environment and our society.†? Alan Sutherland, CEO, Water Industry Commission for Scotland "Regulation is fundamentally about how people in organisations actually behave. This book pulls together the evidence on "what works†? in getting the right results. There is a wealth of material here for smart regulators who are pursuing effectiveness through actual outcomes, not compliance with rules for its own sake.†? Richard Thomas CBE, Information Commissioner (2002-9), Committee on Standards in Public Life (2012-17) "In a time where ethical behaviour is increasingly under attack by various governments around the world, Hodges and Steinholz provide a very timely guide to the importance of the culture of compliance in organizations. Hodges and Steinholz consider the essence of ethical and compliant behaviour asking, "Why do people observe rules? Why do people break them†?? The writers take the reader through a well-organized and compelling journey from biological and physiological influences through to the need for governing agencies and businesses to interact on a relationship of trust. This is critically important because, as the writers clearly articulate in chapter 7, people will not come forward to report ethical breaches if they feel they will be putting themselves at undue personal risk. I truly believe Ethical Business Practice and Regulation: A Behavioural and Based Values Based Approach to Compliance and Enforcement is not only essential reading for ethics and compliance professionals, but rather everyone who is engaged in business on some level. Read it and encourage your colleagues to read it too!†? Thomas Topolski, CCEP-I Executive Vice President, Turner and Townsend

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