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 : 29. 41 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.

Enforcing Corporate Social Responsibility Codes

Author : Anna Beckers
ISBN : 9781849469005
Genre : Law
File Size : 86. 84 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 : 78. 41 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.

Regulatory Theory

Author : Peter Drahos
ISBN : 9781760461027
Genre : Law
File Size : 32. 41 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.

A Comparative Examination Of Multi Party Actions

Author : Joanne Blennerhassett
ISBN : 9781509905300
Genre : Law
File Size : 38. 49 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.

Ethical Business Practice And Regulation

Author : Christopher Hodges
ISBN : 9781509916375
Genre : Law
File Size : 44. 88 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 Legal Environment Of Business

Author : Roger E. Meiners
ISBN : 9781337516044
Genre : Business & Economics
File Size : 75. 34 MB
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With THE LEGAL ENVIRONMENT OF BUSINESS, 13E readers can enjoy a practical introduction to the structure and function of the legal system from the perspective of the professional non-lawyer. While the authors note the system’s strong legal heritage, the book emphasizes the nuts and bolts of basic legal rules that most significantly impact business today. This popular book adapts a traditional case focus to address the unique needs of future and current business students. Clear, concise coverage of a wide range of timely topics introduces key points of law using business-specific examples and realistic scenarios. The authors’ readable style complements their extensive knowledge of domestic and international business to make this book a favorite among both professionals and learners new to the legal environment. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Why People Obey The Law

Author : Tom R. Tyler
ISBN : 9780691126739
Genre : Law
File Size : 59. 57 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.

The Foundations And Future Of Financial Regulation

Author : Mads Andenas
ISBN : 9781135043377
Genre : Law
File Size : 85. 42 MB
Format : PDF
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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.

The Oxford Handbook Of Corporate Law And Governance

Author : Jeffrey N. Gordon
ISBN : 9780191061400
Genre : Law
File Size : 36. 62 MB
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Corporate law and corporate governance have been at the forefront of regulatory activities across the world for several decades now, and are subject to increasing public attention following the Global Financial Crisis of 2008. The Oxford Handbook of Corporate Law and Governance provides the global framework necessary to understand the aims and methods of legal research in this field. Written by leading scholars from around the world, the Handbook contains a rich variety of chapters that provide a comparative and functional overview of corporate governance. It opens with the central theoretical approaches and methodologies in corporate law scholarship in Part I, before examining core substantive topics in corporate law, including shareholder rights, takeovers and restructuring, and minority rights in Part II. Part III focuses on new challenges in the field, including conflicts between Western and Asian corporate governance environments, the rise of foreign ownership, and emerging markets. Enforcement issues are covered in Part IV, and Part V takes a broader approach, examining those areas of law and finance that are interwoven with corporate governance, including insolvency, taxation, and securities law as well as financial regulation. The Handbook is a comprehensive, interdisciplinary resource placing corporate law and governance in its wider context, and is essential reading for scholars, practitioners, and policymakers in the field.

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