St. John's University Law Faculty Blog

Professor Vincent Di Lorenzo presented a paper at the XXVII World Congress of the International Association for the Philosophy of Law and Social Philosophy (IVR), held on July 27 – August 1, 2015 and hosted by Georgetown Law School. The paper, “Reason, Cognition and Emotion: A Study of Regulatory Philosophy and Enforcement Policy,” explores the light-touch approach to regulation that prevailed in the U.S. and U.K. until 2008 and was based on the regulatory viewpoint that mainstream corporations embraced an ethical commitment to legal compliance. It then examines the very recent change in regulatory viewpoint to one that views the corporation as a rational actor. This has led to an enforcement policy relying on billion dollar fines to deter future wrongdoing. The paper criticizes both regulatory philosophies, and calls for recognition of both complexity in organizational decisions and cognitive influences on organizational behavior. The paper then raises the issue of how enforcement policy might be altered to motivate greater organizational commitment to legal compliance.

Posted on August 3, 2015 at 5:45 pm in Uncategorized   |  RSS feed |   Reply   |   Trackback URL