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. This title is included in
Bloomsbury Professional's International Arbitration online service.
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Integrating Theories of Regulation, Enforcement, Compliance and Ethics
Product details
ISBN
9781782255826
Published
2015
Edition
1. edition
Publisher
Bloomsbury UK
Language
Product language
Engelsk
Format
Product format
Digital bok
Author