Law and Corporate Behaviour - (Civil Justice Systems) by Christopher Hodges (Hardcover)
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<p/><br></br><p><b> About the Book </b></p></br></br>The purpose of this book is to examine the theories and practice of how to control corporate behaviour through legal techniques.<p/><br></br><p><b> Book Synopsis </b></p></br></br>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.<p/><br></br><p><b> Review Quotes </b></p></br></br><br><b>If Hodges is right many authors - including legal economists - should revise their texts on the preventative effect of laws.</b><br/>Nederlands Tijdschrift voor Burgerlijk Recht<br><br>"a treasure trove of socio-legal facts from many a relevant country, .. a unique traversal and systematisation of the subject matter ... numerous suggestions empowering practitioners based on real-life experience to enhance their endeavours with full effect and real impact in their respective companies. In a company acting according to the maxims laid out in this book, [VW's] Dieselgate would not have been possible."<br/>comply - Das Fachmagazin für Compliance-Verantwortliche<br><br>This is a book I will pull off my shelf often to discover all manner of practical things like how British civil aviation regulation works, how British environmental regulation provides for restorative justice, the latest financial regulatory developments at Basel, the Organisation for Economic Co-operation and Development ('OECD') Best Practice Principles on Regulatory Enforcement and Inspections, and much more.<br/>Sidney Law Review<br><p/><br></br><p><b> About the Author </b></p></br></br>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.
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