Starting out from the idea that deference, rather than deterrence, could foster higher and more effective levels of compliance, this chapter questions how individual choices within a corporation could be not only controlled but also directed toward law-abiding behavior on a voluntary basis. On this premise, the paper offers a critical discussion of how the concept of “deference” can be applied within the context of a complex organization to inspire the development of an articulated legal framework which is connected to corporate compliance. Indeed, two different normative levels can be distinguished: one involving the public sphere, according to which the corporation must adhere to the regulations that are set by law, and one concerning the private—or internal— sphere, by which the corporation expects that norms drafted through the self- regulation approach will be respected and that individuals will adopt law- abiding attitudes. In this respect, among the different models of self-regulation presented and discussed, responsive regulation seems a promising strategy for fostering effective crime prevention while combining and integrating the main features of the other approaches (voluntary self-regulation; coerced self- regulation). Concerning internal regulation, the challenge is to foster value- based commitment to the voluntary assumption of law-abiding behaviors by individuals. Such a goal can be pursued by recognizing the value of legitimacy and morality inside the corporation according to the procedural justice model, whereas rule infringements should be enforced through the tools provided by restorative justice, which shares the same rationale as procedural justice.

Cognitive Dynamics of Compliance and Models of Self-regulation: In Search of Effectiveness in Strategies of Crime Prevention

Giuseppe Rotolo
2022-01-01

Abstract

Starting out from the idea that deference, rather than deterrence, could foster higher and more effective levels of compliance, this chapter questions how individual choices within a corporation could be not only controlled but also directed toward law-abiding behavior on a voluntary basis. On this premise, the paper offers a critical discussion of how the concept of “deference” can be applied within the context of a complex organization to inspire the development of an articulated legal framework which is connected to corporate compliance. Indeed, two different normative levels can be distinguished: one involving the public sphere, according to which the corporation must adhere to the regulations that are set by law, and one concerning the private—or internal— sphere, by which the corporation expects that norms drafted through the self- regulation approach will be respected and that individuals will adopt law- abiding attitudes. In this respect, among the different models of self-regulation presented and discussed, responsive regulation seems a promising strategy for fostering effective crime prevention while combining and integrating the main features of the other approaches (voluntary self-regulation; coerced self- regulation). Concerning internal regulation, the challenge is to foster value- based commitment to the voluntary assumption of law-abiding behaviors by individuals. Such a goal can be pursued by recognizing the value of legitimacy and morality inside the corporation according to the procedural justice model, whereas rule infringements should be enforced through the tools provided by restorative justice, which shares the same rationale as procedural justice.
978-3-030-81654-4
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11587/468165
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