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A Responsive Approach to Organizational Misconduct: Rehabilitation, Reintegration, and the Reduction of Reoffense

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  • Bertels, Stephanie
  • Cody, Michael
  • Pek, Simon

Abstract

In this article, we examine how regulators, prosecutors, and courts might support and encourage the efforts of organizations to not only reintegrate after misconduct but also to improve their conduct in a way that reduces their likelihood of re-offense (rehabilitation). We explore a novel experiment in creative sentencing in Alberta Canada that aimed to try to change the behaviour of an industry by publicly airing the root causes of a failure of one the industry’s leaders. Drawing on this case and prior work, we articulate a model for a responsive and restorative approach to organizational misconduct that balances the punitive role of regulators and courts with new roles in supporting and overseeing rehabilitation.

Suggested Citation

  • Bertels, Stephanie & Cody, Michael & Pek, Simon, 2014. "A Responsive Approach to Organizational Misconduct: Rehabilitation, Reintegration, and the Reduction of Reoffense," Business Ethics Quarterly, Cambridge University Press, vol. 24(3), pages 343-370, July.
    • Handle: RePEc:cup:buetqu:v:24:y:2014:i:03:p:343-370_00
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    Cited by:

    1. Rameshan Pallikara, 2020. "Crisis Leadership of World Leaders: Anecdotal Evidence from Global Covid-19 Fightback," Working papers 385, Indian Institute of Management Kozhikode.
    2. Oussama Ouriemmi, 2023. "The Legalistic Organizational Response to Whistleblowers’ Disclosures in a Scandal: Law Without Justice?," Journal of Business Ethics, Springer, vol. 188(1), pages 17-35, November.
    3. Maximilian J. L. Schormair & Lara M. Gerlach, 2020. "Corporate Remediation of Human Rights Violations: A Restorative Justice Framework," Journal of Business Ethics, Springer, vol. 167(3), pages 475-493, December.
    4. Bertrand Venard & Kezang Tshering, 2021. "Barriers to transparency in Bhutan's public administration: A new typology of opacity," Public Administration & Development, Blackwell Publishing, vol. 41(4), pages 203-216, October.
    5. Masoud Shadnam & Andrew Crane & Thomas B. Lawrence, 2020. "Who Calls It? Actors and Accounts in the Social Construction of Organizational Moral Failure," Journal of Business Ethics, Springer, vol. 165(4), pages 699-717, September.
    6. Muhammad Nadeem, 2021. "Corporate Governance and Supplemental Environmental Projects: A Restorative Justice Approach," Journal of Business Ethics, Springer, vol. 173(2), pages 261-280, October.
    7. Pallikara Rameshan, 2021. "Crisis Leadership of Covid-19 Fightback: Exploratory Anecdotal Evidence on Selected World Leaders," IIM Kozhikode Society & Management Review, , vol. 10(2), pages 136-159, July.

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