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Reconceptualising Corporate Compliance: Responsibility, Freedom and the Law


ISBN13: 9781509918744
Published: February 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00
Paperback edition not yet published, ISBN13 9781509946662



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This book offers a comprehensive examination of the issues surrounding corporate compliance.

Corporate compliance standards are often the subject of significant public debate. Recent media scrutiny of the tax strategies of complex multinationals revealed that, notwithstanding prior scandals such as Enron, Worldcom and Parmalat, corporations continue to adopt compliance practices that, whilst technically legal, fundamentally undermine the intention (or spirit) of the law. However, the question of corporate compliance is not simply a matter of fiscal policy but goes to the core of our understanding of corporate responsibility within society. As we enter the fourth industrial revolution, and as we continue to bear witness, these matters remain of fundamental and pressing importance.

Yet why is it that technical compliance is so widely rejected by society yet so widely adopted and defended by corporate actors? Why is it that regulatory responses to each corporate scandal seem unable to prevent future transgressions? Why is it that otherwise law-abiding citizens act contrary to their personal values when making compliance decisions within a corporation?

In this book, Dr. Donovan responds to these questions by providing a persuasive argument for the legitimate role of spirited compliance within a market economy. In doing so, she employs the lens of classical liberal ideology, challenging the widespread view that technical compliance is simply 'capitalism.' However, finding a normative foundation for spirited compliance only addresses one part of the problem. In an examination that has relevance beyond the compliance arena, the author also explores why and how corporate architecture contributes to the often atypical decisions that individuals make when acting within a corporate environment. The book draws upon behavioural psychology to answer this question and offers insights into how the often-elusive goal of corporate behavioural change can be achieved.

Subjects:
Commercial Law, Company Law
Contents:
Chapter 1: Introduction
Chapter 2: Creative Compliance in Practice
Chapter 3: Legitimacy and Compliance
Chapter 4: Compliance, Predictability and the Market Order
Chapter 5: The (Apparent) Equality Paradox: Privilege and Obligation
Chapter 6: Constructing Compliance: Corporate Norms and Professional Advice
Chapter 7: Corporate Law and Personhood
Chapter 8: A Person without Personality? The Fiduciary Ladder of Corporate 'Personhood'
Chapter 9: Why Gatekeepers are Not the (Only) Answer
Chapter 10: Towards a New Corporate Integrity
Chapter 11: Conclusion

Series: Contemporary Studies in Corporate Law

Corporate Rescue: Law and Practice ISBN 9781841134611
To be published August 2024
Hart Publishing
£70.00
Reconceptualising Corporate Compliance: Responsibility, Freedom and the Law ISBN 9781509946662
To be published August 2022
Hart Publishing
£42.99
£85.50
(ePub)
Buy
The Making of the Modern Company (eBook) ISBN 9781509923649
Published June 2022
Hart Publishing
£76.50
(ePub)
Buy
The Making of the Modern Company ISBN 9781509923625
Published June 2022
Hart Publishing
£85.00
Corporate Opportunities: A Law and Economics Analysis ISBN 9781509917457
Published September 2021
Hart Publishing
£85.00
Corporate Opportunities: A Law and Economics Analysis (eBook) ISBN 9781509917471
Published September 2021
Hart Publishing
£76.50
(ePub)
Buy
£38.69
(ePub)
Buy
Corporate Governance in the Shadow of the State ISBN 9781849460088
Published March 2013
Hart Publishing
£80.00
Corporate Governance in the Shadow of the State (eBook) ISBN 9781782250876
Published March 2013
Hart Publishing
£72.00
(ePub)
Buy
The Foundations and Anatomy of Stakeholder Activism ISBN 9781841136585
Published October 2010
Hart Publishing
£75.00
Law and Economics of Takeovers: An Acquirer's Perspective ISBN 9781841136646
Published May 2008
Hart Publishing
£85.00
Contracting with Companies ISBN 9781841131542
Published May 2005
Hart Publishing
£80.00
Working Within Two Kinds of Capitalism: Corporate Governance and Employee Stakeholding - US and EC Perspectives
Irene Lynch-FannonDean, Faculty of Law and Head, Department of Law, University College Cork, Ireland
ISBN 9781841132860
Published February 2003
Hart Publishing
£75.00