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如果犯罪有利可图,如何阻止金融不当行为?

How to Deter Financial Misconduct if Crime Pays?

Journal of Business Ethics · 2021
被引 41
人大 AABS 3

中文导读

研究发现金融不当行为的经济收益有时超过诉讼成本,但多数从业者仍选择合规;提出超越功利主义、引入美德伦理和内在动机来重新设计威慑方法。

Abstract

Abstract Financial misconduct has come into the spotlight in recent years, causing market regulators to increase the reach and severity of interventions. We show that at times the economic benefits of illicit financial activity outweigh the costs of litigation. We illustrate our argument with data from the US Securities and Exchanges Commission and a case of investment misconduct. From the neoclassical economic paradigm, which follows utilitarian thinking, it is rational to engage in misconduct. Still, the majority of professionals refrain from misconduct, foregoing economic rewards. We suggest financial activity could be reimagined taking into account intrinsic and prosocial motivations. A virtue ethics framework could also be applied, linking financial behavior to the quest for moral excellence and shared flourishing. By going beyond utilitarian thinking and considering alternative models, we offer a fuller account of financial behavior and a better perspective from which to design deterrence methods.

金融商业伦理法律经济学行为经济学