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Between law and markets: is there a role for culture and ethics in financial regulation?

Awrey, Dan, Blair, William and Kershaw, David (2013) Between law and markets: is there a role for culture and ethics in financial regulation? Delaware Journal of Corporate Law, 38 (1). pp. 191-245. ISSN 0364-9490

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Abstract

The objective of this article is to explore some of the ways which, in the authors' view, this might be achieved. This exploration takes place across two dimensions. In the first dimension, they hold constant the core internal governance arrangements -- corporate objectives, directors' duties, board composition, committee structures, and remuneration policies -- within financial institutions. They then examine how the law and markets might be leveraged to engender a more ethical culture in two important areas: bilateral counterparty arrangements and socially excessive risk-taking. More specifically, they examine how "process-oriented" regulation, backed by a credible threat of both public enforcement and reputational sanctions, might be employed with a view to reframing personal ethical choices and fostering a more ethical organizational culture within financial services firms. In the second dimension, therefore, they examine how they might cultivate a more ethical culture through reforms of the core governance arrangements of financial institutions.

Item Type: Article
Official URL: http://djcl.org/
Additional Information: © 2013 The Delaware journal of corporate law
Library of Congress subject classification: H Social Sciences > HG Finance
K Law > K Law (General)
Sets: Departments > Law
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 21 Oct 2013 10:27
URL: http://eprints.lse.ac.uk/53651/

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