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Good People Doing Bad Things: Compliance Regimes in Organizations

Sampson, Steven LU (2021) In Journal of Legal Anthropology 5(1). p.1-21
Abstract
Nearly all major corporations and many public agencies have established ethics and compliance departments, some of them as the result of penalties imposed by the US Dept. of Justice, others due to embarrassing scandals. The responsibilities of these ethics and compliance departments range from inculcating internal codes of conduct within the organization, preventing bribery in contracts, impeding litigation for harassment and bribes, or ensuring that government certifications and branch standards are followed. In the compliance officer’s understanding, breaches of ethics are not due to unethical persons; they are due to inadequate compliance training, i.e., good people doing bad things. This article, based on fieldwork in compliance... (More)
Nearly all major corporations and many public agencies have established ethics and compliance departments, some of them as the result of penalties imposed by the US Dept. of Justice, others due to embarrassing scandals. The responsibilities of these ethics and compliance departments range from inculcating internal codes of conduct within the organization, preventing bribery in contracts, impeding litigation for harassment and bribes, or ensuring that government certifications and branch standards are followed. In the compliance officer’s understanding, breaches of ethics are not due to unethical persons; they are due to inadequate compliance training, i.e., good people doing bad things. This article, based on fieldwork in compliance training conferences, anti-corruption events and readings of ethics and compliance manuals, describes how a ‘culture of compliance’ is pursued in organizations. In the wake of continuing breaches of corporate ethics in banking, pharmaceuticals, telecoms, and minerals extraction, the obvious question is whether the ethics and compliance regimes are genuine efforts to ‘do the right thing’, or simply a façade to improve firm’ reputations. It is argued that compliance can be both real and fake, and that the role of the compliance function is to ensure where it is authentic and where it can be ignored. The moral skill set being called for by compliance and ethics regimes leads to employees having to navigate their way through new kinds of grey zones. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Social Anthropology, business ethics, ethics and compliance, compliance, Organizations, organizational anthropology, anti-corruption, corruption, legal anthropology
in
Journal of Legal Anthropology
volume
5
issue
1
pages
21 pages
publisher
Berghahn Books
ISSN
1758-9576
DOI
10.3167/jla.2021.050105
language
English
LU publication?
yes
id
9ac58e13-c180-4bfa-b307-80c3323a579e
date added to LUP
2021-08-24 10:59:07
date last changed
2022-04-06 12:43:19
@article{9ac58e13-c180-4bfa-b307-80c3323a579e,
  abstract     = {{Nearly all major corporations and many public agencies have established ethics and compliance departments, some of them as the result of penalties imposed by the US Dept. of Justice, others due to embarrassing scandals. The responsibilities of these ethics and compliance departments range from inculcating internal codes of conduct within the organization, preventing bribery in contracts, impeding litigation for harassment and bribes, or ensuring that government certifications and branch standards are followed. In the compliance officer’s understanding, breaches of ethics are not due to unethical persons; they are due to inadequate compliance training, i.e., good people doing bad things. This article, based on fieldwork in compliance training conferences, anti-corruption events and readings of ethics and compliance manuals, describes how a ‘culture of compliance’ is pursued in organizations. In the wake of continuing breaches of corporate ethics in banking, pharmaceuticals, telecoms, and minerals extraction, the obvious question is whether the ethics and compliance regimes are genuine efforts to ‘do the right thing’, or simply a façade to improve firm’ reputations. It is argued that compliance can be both real and fake, and that the role of the compliance function is to ensure where it is authentic and where it can be ignored.  The moral skill set being called for by compliance and ethics regimes leads to employees having to navigate their way through new kinds of grey zones.}},
  author       = {{Sampson, Steven}},
  issn         = {{1758-9576}},
  keywords     = {{Social Anthropology; business ethics; ethics and compliance; compliance; Organizations; organizational anthropology; anti-corruption; corruption; legal anthropology}},
  language     = {{eng}},
  month        = {{08}},
  number       = {{1}},
  pages        = {{1--21}},
  publisher    = {{Berghahn Books}},
  series       = {{Journal of Legal Anthropology}},
  title        = {{Good People Doing Bad Things: Compliance Regimes in Organizations}},
  url          = {{https://lup.lub.lu.se/search/files/101718406/GoodPeopleDoingBadThingsJLA27aug21.docx}},
  doi          = {{10.3167/jla.2021.050105}},
  volume       = {{5}},
  year         = {{2021}},
}