This paper focuses on the issue of determining to what extent a regulation that encourages and rewards companies to take measures to prevent corporate wrongdoing may be a better alternative to a pure command and control regulation. It also discusses whether a context-sensitive regulation is viable in legal systems in which a principle of obligatoriness is in force rather than a measure of discretion regarding punitive responses. The main ideas presented here are very similar to the concepts of responsive regulation and enforced self-regulation promoted by Ayres and Braithwaite; however, a comparative analysis of legal systems is carried out, highlighting current trends and their practical results.
This paper has been published online in Criminal Law Forum. As part of the Springer Nature Content Sharing Initiative, it has been authorized to publicly share full-text access to a view-only version of this paper by using the following SharedIt link:
https://rdcu.be/cVavv
Readers of this article via the shared link will also be able to use Enhanced PDF features such as annotation tools, one-click supplements, citation file exports and article metrics.
Author
Paulo De Sousa Mendes
Content type
Original Paper Published: 07 September 2022
Criminal Law Forum, Volume 33
Issue 3, September 2022