343.2SIM2)a)[1](1.ex.)
Analítico de Monografia
64049
TYLER, Tom R.
Self-regulatory approaches to white-collar crime : the importance of legitimacy and procedural justice / Tom R. Tyler
In: The criminology of white-collar crime / editor Sally S. Simpson, David Weisburd. - New York : Springer, [copy. 2009]. - p. 195-216 ; 24 cm. - ISBN 978-0-387-09501-1.
DIREITO PENAL, TEORIA DO CRIME, CRIME ORGANIZADO, AUTOREGULAÇÃO, JUSTIÇA CRIMINAL
Securing employee adherence to workplace rules and company policies is a key antecedent of sucessful functioning within organizations. It is important for companies to be able to effectively motivate rule following behavior among employees, i.e. to be able to limit white-collar crime. This chapter compares the utility of two approaches to securing such behavior. Those strategies are as follows: (1) the sanction-based command-and-control model and (2) self-regulation approaches that are linked to activating employee's ethical judgents. Research findings suggest that, while command-and-control strategies influence employee behavior, self-regulatory strategies have a stronger influence. Studies also explore the basis of these ethical judgments, and find that the primary factor shaping them is the procedural justice that employees experience in their workplace. These results suggest that the roots of employee policy adherence and rule following bahavior lie in the procedural justice of the organization. Overall, this analysis highlights the important role ethical judgment play in motivating both rule following and policy adherence among employees in work settings and provides practical suggestions for shaping those judgments. Can businesses effectively regulate the behavior of white-collar employees, and if so, what strategies should they use to best achieve that goal? Recent corporate scandals have evoked a heightened concern among members of the public, government officials, and business leaders about both whether businesses can regulate the conduct of their employees, as well as about how to effectively secure employee adherence with corporate rules and policies. White-collar crime is suddenly on the public agenda. What is white-collar crime and how does it differ from other types of crime? There are two principal distinctions. The first is who commits the crime. White-collar criminals are typically better educated, employed, middle class and, at least historically, white and male.They are central members of society, not marginal individuals. Second, the crimes they commit tend to be nonviolent and to focus on money. The crimes involved are not emotionally driven, such as assault or rape, nor are they crimes involving physical harm. Instead, they are efforts by individuals to achieve economic gains outside the rules. Rule adherence among white-collar employees is important in a wide variety of work settings, and potentially involves organizational policies that cover, among other things, accurate accounting, conflicts of interest, product or service quality, environmental safety, sexual harassment, race, gender and/or sexual orientation discrimination, and just plain stealing of company supplies and equipment and of paid time worked via long-lunch hours or phony sick days. In these and many other ways gaining adherence to organizational policies that control everyday employee behavior is critical for successful organizational functioning (Bell et al., 2002; Laufer and Robertson, 1997). Unfortunately, there has long been extensive evidence that in many of these areas non compliance within organizations is widespread (e.g., Frederick, 1995; Healy and ILes, 2002; Mintz, 2001; Rice, 1992; Simon and Eitzen, 1990; Spence, 2001; Vardi and Weitz, 2004). Such issues of compliance and noncompliance have been dramatically thrust into the public eye recently through highly visible incidents of corporate misconduct. The prevalence and damaging consequences of such non compliance underscores the importance of identifying an effective model employee rule adherence. Businesses would benefit from such a model since it would allow them to shape employee conduct in desirable ways. Further, from a policy perspective, government agencies are more likely to feel that the active regulation of businesses is important if they believe that businesses lack an effective model for self-regulation. Of course. it is also important to recognize that wide variety of issues are involved in recent corporate scandals. In particular, in some cases the issue is linked to misbehavior among corporate leaders, i.e. CEOs. The focus of this chapter is not on the leaders of corporations, but on employees within them. In particular, this chapter does not consider the case in which leaders are creating an unethical climate within their companies so that they can break rules for personal profit. Rather, this chapter begins with the assumption that the situation can be one in which the leaders of a company are motivated to encourage their employees to follow rules, and are seeking to understand how best to do so. Hence, it is important to recognize that I am only addressing one aspect of white-collar crime. One one level, I am considering crime by white-collar workers, rather than "CEO level crime". However, from the perspetive of the law and legal institutions, this analysis assumes that legal authorities are interested in motivating employees to follow the law and are trying to understand the strategies that companies should be encouraged to follow to achieve this objective. In this case, the arguments outlined may well apply to corporate leaders as well as employees. Legal authorities need to create a strategy, which will motivate corporate leaders to follow the law, and the arguments outlined here apply directly to that ask. They also need to be able to lessen white-collar crime among employees in general.