The Question Concerning Technology in Compliance

Citation data:

Brook. J. Corp. Fin. & Com. L., Vol: 11, Page: 25

Publication Year:
2016
Usage 22
Downloads 20
Abstract Views 2
Repository URL:
https://ir.lawnet.fordham.edu/faculty_scholarship/876
Author(s):
Griffith, Sean J.
Tags:
compliance; corporate governance; enforcement; Law
article description
In this symposium Essay, I apply insights from philosophy and psychology to argue that modes of achieving compliance that focus on technology undermine, and are undermined by, modes of achieving compliance that focus on culture. Insisting on both may mean succeeding at neither. How an organization resolves this apparent contradiction in program design, like the broader question of optimal corporate governance arrangements, is highly idiosyncratic. Firms should therefore be accorded maximum freedom in designing their compliance programs, rather than being forced by enforcement authorities into a set of de facto mandatory compliance structures.