IDEAS home Printed from https://ideas.repec.org/a/eee/aosoci/v38y2013i6p458-468.html

Flipping markets to virtue with qui tam and restorative justice

Author

Listed:
  • Braithwaite, John

Abstract

Contemporary economies are characterised by a regulatory capitalism in which both markets and regulation extend their sway. Freer markets with more rules nurture markets in vice that game regulation. Tax avoidance and evasion are used to illustrate these dynamics. Yet freer markets with more rules also engender markets in compliance services that can be virtuous and more dominant (more demanded) than markets in vice. As a result of that dominance, firms and individuals often comply at levels that seem economically irrational virtue. To hold corporations to compliance through markets in virtue requires regulation with toughened enforcement capabilities for drawing out insider information about looming problems. Qui tam is suggested as one option. This option can be complemented with a more deliberative approach, restorative justice. One reason to consider this package of hybrid private–public enforcement that knows no jurisdictional boundaries is that when fraud is globalised, firms organise their affairs so that fraud is off-shore from all state regulators with an interest in exercising jurisdiction against it.

Suggested Citation

  • Braithwaite, John, 2013. "Flipping markets to virtue with qui tam and restorative justice," Accounting, Organizations and Society, Elsevier, vol. 38(6), pages 458-468.
    • Handle: RePEc:eee:aosoci:v:38:y:2013:i:6:p:458-468
    DOI: 10.1016/j.aos.2012.07.002
    as

    Download full text from publisher

    File URL: http://www.sciencedirect.com/science/article/pii/S0361368212000785
    Download Restriction: Full text for ScienceDirect subscribers only
    File URL: https://libkey.io/10.1016/j.aos.2012.07.002?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to

    for a different version of it.

    References listed on IDEAS

    as
    1. Mitchel Y. Abolafia (ed.), 2005. "Markets," Books, Edward Elgar Publishing, number 2788.
    2. Braithwaite, John, 2005. "Markets in Vice, Markets in Virtue," OUP Catalogue, Oxford University Press, number 9780195222012.
    3. Gendron, Yves & Spira, Laura F., 2010. "Identity narratives under threat: A study of former members of Arthur Andersen," Accounting, Organizations and Society, Elsevier, vol. 35(3), pages 275-300, April.
    4. Arnold, Patricia J. & Sikka, Prem, 2001. "Globalization and the state-profession relationship: the case the Bank of Credit and Commerce International," Accounting, Organizations and Society, Elsevier, vol. 26(6), pages 475-499, August.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Roberto Pietra & Andrea Melis, 2016. "“Governance and corruption: is history repeating itself?” Fostering a debate and inviting contributions from a multidisciplinary perspective," Journal of Management & Governance, Springer;Accademia Italiana di Economia Aziendale (AIDEA), vol. 20(4), pages 689-701, December.
    2. 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.
    3. Heungsik Park & Wim Vandekerckhove & Jaeil Lee & Joowon Jeong, 2020. "Laddered Motivations of External Whistleblowers: The Truth About Attributes, Consequences, and Values," Journal of Business Ethics, Springer, vol. 165(4), pages 565-578, September.
    4. Paul Andon & Clinton Free & Radzi Jidin & Gary S. Monroe & Michael J. Turner, 2018. "The Impact of Financial Incentives and Perceptions of Seriousness on Whistleblowing Intention," Journal of Business Ethics, Springer, vol. 151(1), pages 165-178, August.
    5. Mark E. Lokanan, 2023. "Incorporating machine learning in dispute resolution and settlement process for financial fraud," Journal of Computational Social Science, Springer, vol. 6(2), pages 515-539, October.
    6. Anesa, Mattia & Gillespie, Nicole & Spee, A. Paul & Sadiq, Kerrie, 2019. "The legitimation of corporate tax minimization," Accounting, Organizations and Society, Elsevier, vol. 75(C), pages 17-39.
    7. Mia Mahmudur Rahim, 2017. "Improving Social Responsibility in RMG Industries Through a New Governance Approach in Laws," Journal of Business Ethics, Springer, vol. 143(4), pages 807-826, July.
    8. Mulligan, Emer & Oats, Lynne, 2016. "Tax professionals at work in Silicon Valley," Accounting, Organizations and Society, Elsevier, vol. 52(C), pages 63-76.
    9. Anesa, Mattia & Bressan, Alessandro, 2024. "SMEs tax minimization as shared responsibility," CRITICAL PERSPECTIVES ON ACCOUNTING, Elsevier, vol. 98(C).
    10. Marcela Gutiérrez Quevedo & Ángela Marcela Olarte Delgado, 2018. "Política criminal y abolicionismo, hacia una cultura restaurativa. Cátedra de investigación científica del centro de investigación en política criminal n.° 9," Books, Universidad Externado de Colombia, Facultad de Derecho, number 1045.
    11. Mark E. Lokanan & Prerna Sharma, 2023. "Two Decades of Accounting Fraud Research: The Missing Meso-Level Analysis," SAGE Open, , vol. 13(3), pages 21582440231, September.
    12. Gabriele Palozzi & Sandro Brunelli & Camilla Falivena, 2018. "Higher Sustainability and Lower Opportunistic Behaviour in Healthcare: A New Framework for Performing Hospital-Based Health Technology Assessment," Sustainability, MDPI, vol. 10(10), pages 1-19, October.
    13. Christian Friedrich & Reiner Quick, 2019. "An analysis of anti-money laundering in the German non-financial sector," Journal of Management & Governance, Springer;Accademia Italiana di Economia Aziendale (AIDEA), vol. 23(4), pages 1099-1137, December.
    14. Mark Lokanan, 2023. "The morality and tax avoidance: A sentiment and position taking analysis," PLOS ONE, Public Library of Science, vol. 18(7), pages 1-33, July.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Braithwaite, John, 2006. "Responsive regulation and developing economies," World Development, Elsevier, vol. 34(5), pages 884-898, May.
    2. Malsch, Bertrand & Gendron, Yves, 2011. "Reining in auditors: On the dynamics of power surrounding an “innovation” in the regulatory space," Accounting, Organizations and Society, Elsevier, vol. 36(7), pages 456-476.
    3. Joyce, Yvonne, 2014. "Knowledge mandates in the state–profession dynamic: A study of the British insolvency profession," Accounting, Organizations and Society, Elsevier, vol. 39(8), pages 590-614.
    4. Guénin-Paracini, Henri & Malsch, Bertrand & Paillé, Anne Marché, 2014. "Fear and risk in the audit process," Accounting, Organizations and Society, Elsevier, vol. 39(4), pages 264-288.
    5. Sousa, Carlos M.P. & Bradley, Frank, 2008. "Antecedents of international pricing adaptation and export performance," Journal of World Business, Elsevier, vol. 43(3), pages 307-320, July.
    6. Goodwin, Neva, 2010. "A New Economics for the 21st Century," MPRA Paper 27907, University Library of Munich, Germany.
    7. Ravi Bansal, 2007. "Long-run risks and financial markets," Review, Federal Reserve Bank of St. Louis, vol. 89(Jul), pages 283-300.
    8. Barrett, Michael & Cooper, David J. & Jamal, Karim, 2005. "Globalization and the coordinating of work in multinational audits," Accounting, Organizations and Society, Elsevier, vol. 30(1), pages 1-24, January.
    9. Guonan Ma, 2007. "Who Pays China's Bank Restructuring Bill?," Asian Economic Papers, MIT Press, vol. 6(1), pages 46-71, Winter.
    10. Connelly, Luke B. & Brown III, H. Shelton, 2008. "Lifetime Fairness? Taxes, Subsidies, Age-Based Penalties, and the Price of Health Insurance in Australia," MPRA Paper 14671, University Library of Munich, Germany.
    11. Ioana Lupu, 2011. "Approved routes and alternative paths: the construction of women's rarity in large accounting firms. Evidence from the Big Four France," Working Papers halshs-00626044, HAL.
    12. Sikka, Prem, 2015. "The corrosive effects of neoliberalism on the UK financial crises and auditing practices: A dead-end for reforms," Accounting forum, Elsevier, vol. 39(1), pages 1-18.
    13. Tomoyuki Ichiba & Vassilios Papathanakos & Adrian Banner & Ioannis Karatzas & Robert Fernholz, 2009. "Hybrid Atlas models," Papers 0909.0065, arXiv.org, revised Apr 2011.
    14. Mihret, Dessalegn Getie & Mirshekary, Soheila & Yaftian, Ali, 2020. "Accounting professionalization, the state, and transnational capitalism: The case of Iran," Accounting, Organizations and Society, Elsevier, vol. 82(C).
    15. Power, Michael & Tuck, Penelope, 2024. "The firm that would not die: post-death organizing, alumni events, and organization ghosts," LSE Research Online Documents on Economics 119973, London School of Economics and Political Science, LSE Library.
    16. Komori, Naoko, 2015. "Beneath the globalization paradox: Towards the sustainability of cultural diversity in accounting research," CRITICAL PERSPECTIVES ON ACCOUNTING, Elsevier, vol. 26(C), pages 141-156.
    17. Simon Anastasiadis & Marie-Laure Nauleau & Suzi Kerr & Tim Cox & Kit Rutherford, 2011. "Does Complex Hydrology Require Complex Water Quality Policy? NManager Simulations for Lake Rotorua," Motu Working Papers 11_14, Motu Economic and Public Policy Research.
    18. Agarwal, Sumit & Ambrose, Brent W. & Chomsisengphet, Souphala & Liu, Chunlin, 2006. "An empirical analysis of home equity loan and line performance," Journal of Financial Intermediation, Elsevier, vol. 15(4), pages 444-469, October.
    19. Suddaby, Roy & Cooper, David J. & Greenwood, Royston, 2007. "Transnational regulation of professional services: Governance dynamics of field level organizational change," Accounting, Organizations and Society, Elsevier, vol. 32(4-5), pages 333-362.
    20. Paul Resnick & Richard Zeckhauser & John Swanson & Kate Lockwood, 2006. "The value of reputation on eBay: A controlled experiment," Experimental Economics, Springer;Economic Science Association, vol. 9(2), pages 79-101, June.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eee:aosoci:v:38:y:2013:i:6:p:458-468. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catherine Liu (email available below). General contact details of provider: http://www.elsevier.com/locate/aos .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.