Explaining Compliance
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Explaining Compliance

Business Responses to Regulation

9781848448858 Edward Elgar Publishing
Edited by Christine Parker, Melbourne Law School, University of Melbourne, Australia and Vibeke Lehmann Nielsen, University of Aarhus, Denmark
Publication Date: 2012 ISBN: 978 1 84844 885 8 Extent: 400 pp
Explaining Compliance consists of sixteen specially commissioned chapters by the world’s leading empirical researchers, examining whether and how businesses comply with regulation that is designed to affect positive behaviour changes.

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Critical Acclaim
Contributors
Contents
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Explaining Compliance consists of sixteen specially commissioned chapters by the world’s leading empirical researchers, examining whether and how businesses comply with regulation that is designed to affect positive behaviour changes.

Each chapter consists of reflective summaries on business compliance with different state or voluntary regulation, and the theoretical lessons to be drawn from it. As a whole, the book develops understanding and explanations of how, why and in what circumstances, firms come to comply with regulation, and when they do not. It also uncovers the complexity, ambiguity and transformation of regulation as it is interpreted, implemented and negotiated by firms, their stakeholders and internal constituencies in everyday business life.

This unique and detailed resource will appeal to academics, graduate students and senior undergraduates in law, political science, sociology, criminology, economics, and psychology, as well as business and interdisciplinary areas such as law and society, and law and economics. Anyone researching business regulation, corporate social responsibility, regulation and compliance, enforcement and compliance, and public administration, will also find this book beneficial.
Critical Acclaim
‘A thoughtful collection on meaning and method in compliance. Parker and Nielsen assemble stellar scholars to provide a state-of-the-art understanding of business compliance with regulation.’
– John Braithwaite, Australian National University, Canberra

‘This innovative book dispels the notion that there can be a single coherent theory of regulatory compliance based on a simple model of deterrence and rational choice, and shows how more social constructionist approaches can enrich our understandings of what it means for a business to respond to regulation. Suitable for graduate students and academics working in the field of regulation across a number of disciplines such as politics, economics, sociology, criminology and law, Explaining Compliance opens up the field for further research in this significant area of social and political life and will help to ensure this more nuanced, dynamic, complex and pluralistic view of regulatory compliance is incorporated into regulatory policy.’
– Siân Lewin, British Journal of Sociology

‘Business responses to regulation is a key area of social science research. Parker and Nielsen’s collection brings together an excellent group of scholars with innovative, and I believe highly influential contributions that problematize the relations between regulation and compliance. The collection is a highly welcome addition to our field, that will redefine the research agenda on compliance. A significant achievement that will help to improve policy making and frame the scholarly research agenda for the years to come.’
– David Levi-Faur, The Hebrew University of Jerusalem, Israel and the Free University of Berlin, Germany

‘Taking a broad view of regulation, and covering a wide range of issues and industries, this collection is the most innovative effort to date to understand the responses of business firms to regulation. The book brings together an impressive group of scholars who analyze the concept of compliance and offer theoretically informed studies of its assumed links to regulation. A must read for both academics and practitioners, this ground-breaking collection firmly establishes a scholarly field of compliance studies.’
– Ronen Shamir, Tel Aviv University, Israel

‘A timely and important set of analyses on how and why businesses respond to regulation in the way that they do from some of the leading authors in the field, covering business responses to both state and non-state regulatory systems.’
– Julia Black, London School of Economics, UK
Contributors
Contributors: G. Auld, J.C. Borck, B. Cashore, C. Coglianese, L.B. Edelman, Y. Feldman, S. Gilad, G.C. Gray, N. Gunningham, F. Haines, B.M. Hutter, R.A. Kagan, O. Lobel, P.J. May, V.L. Nielsen, C. Parker, M. Potoski, A. Prakash, S. Renckens, M. Rorie, S.S. Silbey, S.S. Simpson, S.A. Talesh, D. Thornton, T.R. Tyler, J. van Erp, S.C. Winter
Contents
Contents:

1. Introduction
Christine Parker and Vibeke Lehmann Nielsen

PART I: MOTIVES
2. Fear, Duty, and Regulatory Compliance: Lessons from Three Research Projects
Robert A. Kagan, Neil Gunningham and Dorothy Thornton

3. Motivating Compliance: Economic and Material Motives for Compliance
Sally S. Simpson and Melissa Rorie

4. The Psychology of Self-Regulation: Normative Motivations for Compliance
Tom R. Tyler

PART II: ORGANIZATIONAL CAPACITIES AND CHARACTERISTICS
5. To Comply or Not to Comply – That Isn’t the Question: How Organizations Construct the Meaning of Compliance
Lauren B. Edelman and Shauhin A. Talesh

6. The Other Side of the Compliance Relationship
Garry C. Gray and Susan S. Silbey

7. Beyond Compliance: Explaining Business Participation in Voluntary Environmental Programs
Jonathan C. Borck and Cary Coglianese

8. Internal Corporate Compliance Management Systems: Structure, Culture and Agency
Christine Parker and Sharon Gilad

PART III: REGULATION AND ENFORCEMENT OF COMPLIANCE
9. Strategizing Compliance and Enforcement: Responsive Regulation and Beyond
Neil Gunningham

10. Regulatory Enforcement Styles and Compliance
Peter J. May and Søren C. Winter

11. Voluntary Programs, Regulatory Compliance and the Regulation Dilemma
Matthew Potoski and Aseem Prakash

12. Individuals as Enforcers: The Design of Employee Reporting Systems
Yuval Feldman and Orly Lobel

PART IV: SOCIAL AND ECONOMIC ENVIRONMENTS FOR REGULATION AND COMPLIANCE
13. Facing the Compliance Challenge: Hercules, Houdini or the Charge of the Light Brigade?
Fiona Haines

14. Negotiating Social, Economic and Political Environments: Compliance with Regulation Within and Beyond the State
Bridget M. Hutter

15. Naming and Shaming in Regulatory Enforcement
Judith van Erp

16. The Impact of Private, Industry and Transnational Civil Society Regulation and their Interaction with Official Regulation
Benjamin Cashore, Graeme Auld and Stefan Renckens

Index
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