Institutionalizing fairness in financial markets: Mission impossible?
Article first published online: 19 JUL 2011
© 2011 Blackwell Publishing Asia Pty Ltd
Regulation & Governance
Volume 5, Issue 3, pages 309–332, September 2011
How to Cite
Gilad, S. (2011), Institutionalizing fairness in financial markets: Mission impossible?. Regulation & Governance, 5: 309–332. doi: 10.1111/j.1748-5991.2011.01116.x
- Issue published online: 1 AUG 2011
- Article first published online: 19 JUL 2011
- Accepted for publication 8 June 2011.
- management-based regulation;
- process-oriented regulation;
- financial services.
This article analyzes the institutionalization of process-oriented regulation, namely: regulatory institutions that allow firms to adapt regulation to their individual circumstances, while holding them to account for the adequacy and efficacy of their internal compliance systems. The article's main focus is on the strategies sought by compliance professionals to attain managers' receptiveness to regulatory expectations. It analyzes British financial firms' responses to a process-oriented regulatory initiative, which sought to transform the widespread culture of product “mis-selling” in this industry. Three key arguments and hypotheses are put forward: first, it is suggested that the existing theoretical literature on process-oriented regulation overly stresses managers' rational, profit-maximizing motivations for (non-)compliance, whilst overlooking their emotive motivations. Second, it is proposed that managers' emotive resistance is expected when regulatory expectations challenge firms' “organizational identities” and thereby their individual identities. Third, it is hypothesized that when process-oriented regulation poses a threat to organizations' identities, its institutionalization will entail delegation of the design and subsequent implementation of compliance systems to managers outside compliance, and reframing of regulatory expectations into existing businesses discourses and methodologies.