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Informationen zum Autor Anna Donovan is Lecturer at the Faculty of Laws, University College London, UK.A comprehensive and interdisciplinary treatment of the problem of corporate compliance failure. Zusammenfassung This book offers a comprehensive examination of the issues surrounding corporate compliance. Should corporations comply with the spirit or the letter of the law? What role does compliance play in a capitalist market economy? Why is it that otherwise law-abiding citizens are willing to implement corporate compliance strategies that are seemingly at odds with their personal values? Dr Donovan responds to these questions and more, 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.’ In an examination that has relevance beyond the compliance arena, the author also explores how the architecture of the firm facilitates the often atypical compliance decisions that individuals make when acting within a corporate setting. The book draws on social psychology to offer important insights into how the often-elusive goal of corporate behavioural change can be achieved, for the benefit of both the market and society as a whole. Inhaltsverzeichnis PART ICONTEXT1. Capitalism’s Compliance Crisis I. Why Narrative MattersII. The Consequences of Creativity: What Harm is it Really? III. Recontextualising Compliance: From Subject to System 0IV. Scope of the Book V. Structure of the Book VI. Conclusion 2. Creative Compliance in Practice I. The Rise and Rise of Creative Compliance II. Loopholes in the Law: A Focus on Tax Avoidance A. Towards a Judicial Anti-Avoidance Doctrine? B. The 2012 Tax Scandals III. The (Current) Limitations of Legislation IV. Conclusion 3. Constructing Compliance: Freedom to Choose? I. The Social Construction of (Creative) Compliance A. Social Constructionism: Driving Divergent DefinitionsB. Intra-Group Convergence: Habitualisation and Isomorphism C. The Implications of Compliance as a Social Construct II. The Meaning and Influence of NormsA. Defining ‘Norms’ B. The Behavioural Impact of Norms C. The Interaction between Descriptive and Injunctive Norms III. The Homogeneity of Corporate Norms A. The Expressive Function of Law B. The Dominance of the Shareholder Wealth Maximisation Norm IV. The Function of Norms: Free to Choose? A. Norms and Freedom of Choice: Taxes and Subsidies B. Influencing Norms to Influence Behaviour V. Conclusion 4. Motivating Compliance: Freedom to Act? I. Deterrence-Based Compliance: Motivating ‘Amoral Calculators’ A. It’s Called Capitalism … Again B. Explanatory Limitations of a Deterrence-Based Approach C. Regulatory Relationships and Practical Challenges D. Retaining a Role for Deterrence? II. Legitimacy-Based Compliance A. Legitimacy-Based ComplianceB. Procedural Justice: The Legitimacy of the Originating Authority C. Procedural Justice: The Legitimate Exercise of Authority D. The Duality of Authority III. Legitimising Creative Compliance: Dissonance Reduction and Over-Rationalisation A. The Duality of Norms B. The Salience of Corporate Norms C. Cognitive Dissonance and Over-Rationalisation IV. The Compliance Degeneration Cycle A. Stage One: Initial Drivers of Creative Compliance B. Stage Two: Undermining Legitimacy C. Stage Three: Illegitimacy and Creative Compliance V. Conclusion PART IITHE CASE FOR REFORM5. Compliance, Predictability and the Market Order I. (Mis)Conceptions of the ‘Liberty Tradition’ 2A. Perceptions of Self-Interest and Illegitimate Government Interference B. The Emergence of ‘Everyday’ Liberalism II. Defining (and Constraining) Freedom within the Classical Tradition A. Freedom of the Individual B. Limited State Interference C. Dispelling the Paradox: Individualism an...
About the author
Anna Donovan is Lecturer at the Faculty of Laws, University College London, UK.
