Responsive regulation, enforced self-regulation, and corporate liability

This article 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.