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Understanding Deviance in a World of Standards$
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Andrea Fried

Print publication date: 2020

Print ISBN-13: 9780198833888

Published to Oxford Scholarship Online: March 2020

DOI: 10.1093/oso/9780198833888.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 June 2021

Understanding Deviance from Standards

Understanding Deviance from Standards

Implications for Corporate Responsibility and Criminal Law

(p.271) 10 Understanding Deviance from Standards
Understanding Deviance in a World of Standards

Andrea Fried

Oxford University Press

In this chapter, Andrea Fried discusses the implications of a better understanding of deviance from standards for corporate responsibility in terms of both compliance-related duties for companies and their criminal liability. Five questions related to this are answered in this summarizing chapter: Is voluntary self-regulation of companies a way of ensuring corporate responsibility? What contributes to a manipulation of standards even if a strong external control and sanctioning system is in place? Should legislative authorities only sanction actual knowledge of and engagement in wrongful acts of standard deviation? Should legislation stipulate a criminal liability also for companies? Why should companies allow organizational members to deviate from standards? Answers to these questions relate to the empirical investigations presented in previous chapters of the book and show strong support for a corporate criminal law that should apply when standard deviations lead to health, environmental, or safety risks.

Keywords:   attentive deviance, commitment-oriented deviance, compliance, corporate criminal law, corporate social responsibility, deviance, diagnostic control, diagnostic monitoring, domination, facilities, governance, illegitimate deviance, inadequate monitoring, interactive control, interpretative schemes, learning, legislation, legitimation, manipulation-oriented deviance, misbehaviour, misconduct, non-regulated deviance, organizational deviance, organizational inertia, over-conformity, reflexive monitoring, sanctions, self-control, self-monitoring, self-regulation,service engineering, signification, social agency, social norms, software development, standard enactment, standard enactment, standard–innovation nexus, standards, whistle-blower

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