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Law and Corporate Behaviour


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Table of Contents

Introduction Part A: Psychology 1. The Findings of Social Psychology Part B: Deterrence 2. Deterrence Theory 3. Private Enforcement in USA 4. Enforcement of Competition Law 5. Criticisms of Deterrence 6. Empirical Evidence 7. Conclusions Part C: Regulation 8. Public Regulation 9. The Structure of Regulation and Self-Regulation in the UK 10. Developments in Criminal Enforcement in the United Kingdom 11. Responsive, Meta and Compliance Theories 12. OECD Policy on Regulation and Enforcement 13. The Enforcement Policies of Individual Agencies 14. Consumer Trading and Protection 15. Competition 16. Conclusions on Current Enforcement Policy Part D: Regulation and Compliance by Business 17. Standards, Accreditation, Self-Regulation and Co-Regulation 18. Compliance within Business Organisations Part E: Regulatory Architectures 19. Regulating Safety 20. Financial Services Part F: Conclusions 21. Business Values: Culture, Commitment, Trust and Ethics 22. Conclusions: Ethical Regulation ction B. Compliance Systems C. The Deterrence Tradition/Models 1. Deterrence in criminal law 2. Deterrence in economic theory 3. The example of private enforcement in USA 4. The example of competition enforcement by the European Commission D. Responsive Regulation Models 1. The empirical research and its theories 2. Some examples: Braithwaite, Hawkins, Haines, Hutter 3. Developments in enforcement of criminal law 4. The example of the reform of UK regulatory policy from 2007 E. Behavioural psychology 1. The findings of the psychology research 2. Examples of where elements can be seen in regulatory systems i. pharmaceutical safety regulation ii. airline safety iii. HSE iv. financial services 3. integrating public and corporate compliance and sanctioning systems F. Conclusions 1. Discussion of the various theories, and how they can be combined 2. A holistic model: i. A quality system ii. Internal and external iii. Self-regulation iv. Stakeholders and transparency v. External checking, audit vi. whistleblowing vii. Add CDR to regulation viii. Toolbox of powers (Denmark) ix. safeguards 3. An example of how a holistic system of corporate behaviour would work

About the Author

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.


"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." -- Herbert Wooppen * comply - Das Fachmagazin fur Compliance-Verantwortliche *
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. -- John Braithwaite * Sidney Law Review *
If Hodges is right many authors - including legal economists - should revise their texts on the preventative effect of laws. -- Ewoud Hondius, * Nederlands Tijdschrift voor Burgerlijk Recht *

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