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 : 39. 9 MB
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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 Behavior

Author : Christopher Hodges
ISBN : OCLC:1010885605
Genre :
File Size : 88. 43 MB
Format : PDF
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Enforcing Corporate Social Responsibility Codes

Author : Anna Beckers
ISBN : 9781849469005
Genre : Law
File Size : 57. 74 MB
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Corporate social responsibility codes are guidelines that companies voluntarily develop and publish with the objective of showing the public their commitment to respect human rights, to improve fundamental workplace standards worldwide and to protect the natural environment. These corporate codes have become a crucial element in the regulatory architecture for globally operating companies. By focusing on the characteristics of the codes, their effects on society and their legal consequences, this book seeks to provide a comprehensive analysis of corporate codes and the law. Enforcing Corporate Social Responsibility Codes develops proposals on the relationship between global corporate self-regulation and the national private law systems. It uses methods of comparative law and sociological jurisprudence to argue that national private law can, and in fact should, enforce these codes as genuine legal obligations. The author formulates legal policy recommendations for English and German private law that indicate how the proposed legal enforcement could be realised in practice. The dissertation on which this book is based was awarded the second prize in the humanities category of the Deutscher Studienpreis (German Thesis Award) by the Koerber Foundation in November 2015.

Delivering Collective Redress

Author : Christopher Hodges
ISBN : 9781509918553
Genre : Law
File Size : 51. 93 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.

The Law Making Process

Author : Michael Zander
ISBN : 9781782258070
Genre : Law
File Size : 87. 69 MB
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As a critical analysis of the law-making process, this book has no equal. For more than three decades it has filled a gap in the requirements of students in law or political science taking introductory courses on the legal system and is now in its 7th edition. It deals with every aspect of the law-making process: the preparation of legislation; its passage through Parliament; statutory interpretation; binding precedent; how precedent works; law reporting; the nature of the judicial role; European Union law; and the process of law reform. It presents a large number of original texts from a variety of sources ? cases, official reports, articles, books, speeches and empirical research studies ? laced with the author's informed commentary and reflections on the subject. This book is a mine of information dealing with both the broad sweep of the subject and with all its detailed ramifications. "In a crowded market place Zander's latest edition of The Law-Making Process stands out like a beacon in the fog. Well chosen extracts from stimulating texts enable the neophyte student of the law making process in England and Wales to grapple with the issues of the hour with a forcefulness and insight we have long come to associate with the author. Highly recommended." Professor Alan Paterson "Law-making is important, fascinating, and fun. This new edition of Michael Zander's stimulating book on law-making brings that out. It takes account of the many developments since the 6th edition in 2004, ranging across the work of the Law Commission, parliamentary scrutiny of Bills, the relationship between our courts and the European Court of Human Rights, the EU, and many other matters. Well chosen extracts and thought-provoking commentary help law and politics students at every level to understand the raw material with which they work, and make more experienced practitioners and academics look afresh at topics we thought we understood. I recommend it highly." Professor David Feldman "As counsel, judge and now cross-bencher in the House of Lords I have been taking part in the law-making process for over fifty years. In explaining to me what I have been up to, Michael Zander both informed and amused. Not only does he deal in detail with every aspect of the law-making process, but he has assembled a rich cornucopia of commentary from a wide variety of sources. He has shown a degree of self-restraint in expressing his own views, though his use of an adverb made them pleasingly plain when he stated "On 3 October, 2014, the Conservative Party published an 8 page document, brazenly called "Protecting Human Rights in the UK??. I commend this book to anyone who wishes to understand the far from simple way that law is made in this country." Lord Phillips

A Comparative Examination Of Multi Party Actions

Author : Joanne Blennerhassett
ISBN : 9781509905300
Genre : Law
File Size : 40. 28 MB
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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.

Regulatory Theory

Author : Peter Drahos
ISBN : 9781760461027
Genre : Law
File Size : 75. 83 MB
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This volume introduces readers to regulatory theory. Aimed at practitioners, postgraduate students and those interested in regulation as a cross-cutting theme in the social sciences, Regulatory Theory includes chapters on the social-psychological foundations of regulation as well as theories of regulation such as responsive regulation, smart regulation and nodal governance. It explores the key themes of compliance, legal pluralism, meta-regulation, the rule of law, risk, accountability, globalisation and regulatory capitalism. The environment, crime, health, human rights, investment, migration and tax are among the fields of regulation considered in this ground-breaking book. Each chapter introduces the reader to key concepts and ideas and contains suggestions for further reading. The contributors, who either are or have been connected to the Regulatory Institutions Network (RegNet) at The Australian National University, include John Braithwaite, Valerie Braithwaite, Peter Grabosky, Neil Gunningham, Fiona Haines, Terry Halliday, David Levi-Faur, Christine Parker, Colin Scott and Clifford Shearing.

Comparative Contract Law

Author : Pier Giuseppe Monateri
ISBN : 9781785369179
Genre : Law
File Size : 32. 24 MB
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This comprehensive Handbook offers a thoughtful survey of contract theories, issues and cases in order to reassess the field's present vision of contract law. It engages a critical search for the fault lines which cross traditions of thought and globalized landscapes. Comparative Contract Law is built around four main groups of insights, including: the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; and the concurring opinions expressed within the domain of other disciplines, such as literature and political theory. The chapters in the book tease out the tensions between a global context and local frameworks as well as the movable thresholds between canonical expressions and heterodox constructions.

Ethical Business Practice And Regulation

Author : Christopher Hodges
ISBN : 9781509916375
Genre : Law
File Size : 85. 30 MB
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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

The Foundations And Future Of Financial Regulation

Author : Mads Andenas
ISBN : 9781135043377
Genre : Law
File Size : 45. 83 MB
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Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al’s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being emphasised as a key regulatory objective. The book is split into four sections: the objectives and regulatory landscape of financial regulation; the regulatory regime for investor protection; the regulatory regime for financial institutional safety and soundness; and macro-prudential regulation. The discussion ranges from theoretical and policy perspectives to comprehensive and critical consideration of financial regulation in the specifics. The focus of the book is on the substantive regulation of the UK and the EU, as critical examination is made of the unravelling and the future of financial regulation with comparative insights offered where relevant especially from the US. Running throughout the book is consideration of the relationship between financial regulation, financial stability and the responsibility of various actors in governance. This book offers an important contribution to continuing reflections on the role of financial regulation, market discipline and corporate responsibility in the financial sector, and upon the roles of regulatory authorities, markets and firms in ensuring the financial health and security of all in the future.

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