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Reconceptualising Corporate Compliance

Responsibility, Freedom and the Law

By: Anna Donovan
Media of Reconceptualising Corporate Compliance
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Published: 10-12-2020
Format: Hardback
Edition: 1st
Extent: 256
ISBN: 9781509918744
Imprint: Hart Publishing
Series: Contemporary Studies in Corporate Law
Dimensions: 234 x 156 mm
RRP : £70.00
 

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About Reconceptualising Corporate Compliance

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.

Table Of Contents

Interim Table of 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

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