Reconciling Rules and Principles: An Ethics-Based Approach to Corporate Governance

In this paper, we consider the nature of recent corporate abuses both in the U.S. and in Europe, and how globalization has had an impact on amplifying their consequences. We discuss the rules-based and principles-based remedies that have been proposed in each region, respectively. With a focus on th...

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Bibliographic Details
Authors: Sama, Linda M. (Author) ; Shoaf, Victoria (Author)
Format: Electronic Article
Language:English
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Published: Springer Science + Business Media B. V 2005
In: Journal of business ethics
Year: 2005, Volume: 58, Issue: 1, Pages: 177-185
Further subjects:B Corporate governance
B Sarbanes-Oxley Act
B Integrative Social Contracts Theory (ISCT)
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Summary:In this paper, we consider the nature of recent corporate abuses both in the U.S. and in Europe, and how globalization has had an impact on amplifying their consequences. We discuss the rules-based and principles-based remedies that have been proposed in each region, respectively. With a focus on the U.S. Sarbanes-Oxley Act (SOA), we examine the principles forwarded by this act, and how it addresses those principles with specific rules and governance mechanisms. Invoking Integrative Social Contracts Theory (ISCT), we conclude with a reconciliation of the principles and rules-based approaches to corporate governance as suggested by theory.
ISSN:1573-0697
Contains:Enthalten in: Journal of business ethics
Persistent identifiers:DOI: 10.1007/s10551-005-1402-y