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In this book, Sidney Dekker sets out to identify the market mechanisms that explain how less government paradoxically leads to greater compliance burdens. This book gives shape and substance to a suspicion that has become widespread among workers in almost every industry: we have to follow more rules than ever—and still, things can go spectacularly wrong. Much has been privatized and deregulated, giving us what is sometimes known as ‘new public management,’ driven by neoliberal, market-favoring policies. But, paradoxically, we typically have more rules today, not fewer. It’s not the government: it’s us. This book is the first of a three-part series on the effects of ‘neoliberalism,’ which promotes the role of the private sector in the economy. Compliance Capitalism examines what aspects of the compliance economy, what mechanisms of bureaucratization, are directly linked to us having given free markets a greater reign over our political economy. The book steps through them, picking up the evidence and levers for change along the way. Dekker’s work has always challenged readers to embrace more humane, empowering ways to think about work and its quality and safety. In Compliance Capitalism, Dekker extends his reach once again, writing for all managers, board members, organization leaders, consultants, practitioners, researchers, lecturers, students, and investigators curious to understand the genuine nature of organizational and safety performance.
Regulatory capitalism -- a social, political, and economic order characterized by a proliferation of both markets and state and nonstate attempts to regulate markets and business conduct -- creates the opportunity for theoretically and politically significant research on compliance. The plural and decentered nature of regulation, and therefore of compliance, in regulatory capitalism creates significant complexity and difficulty for social scientists in the conceptual definition and operationalization of regulatory compliance, however. We survey the different ways in which empirical researchers have studied business compliance with regulation, and their strengths and weaknesses. In doing so, we review and interrogate the literature on regulatory compliance to understand what it is that researchers study when we study business compliance with regulation, and what we might have been missing or assuming.
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. Joint runner-up of the 2021 SLS Peter Birks Prize for Outstanding Legal Scholarship.
In this sprawling and ambitious book John Braithwaite successfully manages to link the contemporary dynamics of macro political economy to the dynamics of citizen engagement and organisational activism at the micro intestacies of governance practices. This is no mean feat and the logic works. . . Stephen Bell, The Australian Journal of Public Administration Everyone who is puzzled by modern regulocracy should read this book. Short and incisive, it represents the culmination of over twenty years work on the subject. It offers us a perceptive and wide-ranging perspective on the global development of regulatory capitalism and an important analysis of points of leverage for democrats and reformers. Christopher Hood, All Souls College, Oxford, UK It takes a great mind to produce a book that is indispensable for beginners and experts, theorists and policymakers alike. With characteristic clarity, admirable brevity, and his inimitable mix of description and prescription, John Braithwaite explains how corporations and states regulate each other in the complex global system dubbed regulatory capitalism. For Braithwaite aficionados, Regulatory Capitalism brings into focus the big picture created from years of meticulous research. For Braithwaite novices, it is a reading guide that cannot fail to inspire them to learn more. Carol A. Heimer, Northwestern University, US Reading Regulatory Capitalism is like opening your eyes. John Braithwaite brings together law, politics, and economics to give us a map and a vocabulary for the world we actually see all around us. He weaves together elements of over a decade of scholarship on the nature of the state, regulation, industrial organization, and intellectual property in an elegant, readable, and indispensable volume. Anne-Marie Slaughter, Princeton University, US Encyclopedic in scope, chock full of provocative even jarring claims, Regulatory Capitalism shows John Braithwaite at his transcendental best. Ian Ayres, Yale Law School, Yale University, US Contemporary societies have more vibrant markets than past ones. Yet they are more heavily populated by private and public regulators. This book explores the features of such a regulatory capitalism, its tendencies to be cyclically crisis-ridden, ritualistic and governed through networks. New ways of thinking about resultant policy challenges are developed. At the heart of this latest work by John Braithwaite lies the insight by David Levi-Faur and Jacint Jordana that the welfare state was succeeded in the 1970s by regulatory capitalism. The book argues that this has produced stronger markets, public regulation, private regulation and hybrid private/public regulation as well as new challenges such as a more cyclical quality to crises of market and governance failure, regulatory ritualism and markets in vice. However, regulatory capitalism also creates opportunities for better design of markets in virtue such as markets in continuous improvement, privatized enforcement of regulation, open source business models, regulatory pyramids with networked escalation and meta-governance of justice. Regulatory Capitalism will be warmly welcomed by regulatory scholars in political science, sociology, history, economics, business schools and law schools as well as regulatory bureaucrats, policy thinkers in government and law and society scholars.
"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"--
Exploring compliance from an anthropological perspective, this book offers a varied and international selection of chapters covering taxation, corporate governance, medicine, development, carbon offsetting, irregular migration and the building trade. Compliance emerges as more than the opposite of resistance: instead, it appears as a valuable heuristic approach for understanding collective life, as these means by which actors strive to accommodate themselves to others. This perspective transcends conventional distinctions between power and resistance, and offers to open up new avenues of anthropological enquiry.
This practical handbook has been revised to provide in-depth coverage of the Office of Thrift and Supervision rules as well as those of the OCC. It includes up-to-date information on every of trust compliance, as it applies in 2000.
Just about any social need is now met with an opportunity to "connect" through digital means. But this convenience is not free—it is purchased with vast amounts of personal data transferred through shadowy backchannels to corporations using it to generate profit. The Costs of Connection uncovers this process, this "data colonialism," and its designs for controlling our lives—our ways of knowing; our means of production; our political participation. Colonialism might seem like a thing of the past, but this book shows that the historic appropriation of land, bodies, and natural resources is mirrored today in this new era of pervasive datafication. Apps, platforms, and smart objects capture and translate our lives into data, and then extract information that is fed into capitalist enterprises and sold back to us. The authors argue that this development foreshadows the creation of a new social order emerging globally—and it must be challenged. Confronting the alarming degree of surveillance already tolerated, they offer a stirring call to decolonize the internet and emancipate our desire for connection.
This is the first book to examine the growth and phenomenon of a securitized and criminalized compliance society which relies increasingly on intelligence-led and predictive technologies to control future risks, crimes, and security threats. It articulates the emergence of a ‘compliance-industrial complex’ that synthesizes regulatory capitalism and surveillance capitalism to impose new regimes of power and control, as well as new forms of subjectivity subservient to the ‘operating system’ of a pre-crime society. Looking at compliance beyond frameworks of business management, corporate governance, law, and accounting, it looks as it as a social phenomenon, instrumental in the pluralization and privatization of policing, where the private intelligence, private security, and big tech companies are being concentrated at the very core of compliance, and hence, governance of the social. The critical book draws on transversal, rather than interdisciplinary, approaches and integrates disparate perspectives, inspired by works in critical criminology, critical algorithm studies, critical management studies, as well as social anthropology and philosophy.
This book serves as an introduction to the ongoing political debate about the relationship of capitalism and democracy. In recent years, the ideological battles between advocates of free markets and minimal government, on the one hand, and adherents of greater democratic equality and some form of the welfare state, on the other hand, have returned in full force. Anyone who wants to make sense of contemporary American politics and policy battles needs to have some understanding of the divergent beliefs and goals that animate this debate. In Capitalism and Democracy, Thomas A. Spragens, Jr., examines the opposing sides of the free market versus welfare state debate through the lenses of political economy, moral philosophy, and political theory. He asks: Do unchecked markets maximize prosperity, or do they at times produce wasteful and damaging outcomes? Are market distributions morally appropriate, or does fairness require some form of redistribution? Would a society of free markets and minimal government be the best kind of society possible, or would it have serious problems? After leading the reader through a series of thought experiments designed to compare and clarify the thought processes and beliefs held by supporters of each side, Spragens explains why there are no definitive answers to these questions. He concludes, however, that some answers are better than others, and he explains why his own judgement is that a vigorous free marketplace provides great benefits to a democratic society, both economically and politically, but that it also requires regulation and supplementation by collective action for a society to maximize prosperity, to mitigate some of the unfairness of the human condition, and to be faithful to important democratic purposes and ideals. This engaging and accessible book will interest students and scholars of political economy, democratic theory, and theories of social justice. It will also appeal to general readers who are seeking greater clarity and understanding of contemporary debates about government's role in the economy.