scholarly journals Finding fault in organisations – reconceptualising the role of senior managers in corporate manslaughter

Legal Studies ◽  
2015 ◽  
Vol 35 (3) ◽  
pp. 385-407 ◽  
Author(s):  
Luke Price
Keyword(s):  
Senior Management ◽  
Corporate Structure ◽  
Senior Managers ◽  
Organisational Model ◽  
Corporate Manslaughter ◽  
Corporate Liability ◽  
Management Requirement

The Corporate Manslaughter and Corporate Homicide Act 2007 purports to move away from the identification doctrine, towards a genuinely organisational model of corporate liability. There is a risk, however, that insistence upon the involvement of senior management in corporate manslaughter will reduce the Act to doing no more than aggregating individual misconduct. Such an approach would fail both to encompass the culpability of the organisation as more than just a collection of individuals, and to offer an effective tool for the prosecution of large organisations. I argue that the senior management requirement should not be interpreted as focusing on individuals, but on the authoritative systems of work that organisations impose upon their employees. Inherent in large organisations is a corporate structure, determining the meaning and value of what employees perceive and the boundaries and direction of their work. These structures emerge from the involvement of senior managers, whose rank and role within organisations enables them to contribute to the development of corporate structure. Through insistence on the involvement of these corporate architects and surveyors, the 2007 Act may be seen to emphasise the role of the organisation in corporate manslaughter, identifying truly corporate culpability.

The role of the board of directors: Perceptions of managerial elites

2010 ◽  
Vol 16 (2) ◽  
pp. 204-218 ◽  
Author(s):  
Gavin Nicholson ◽  
Cameron Newton
Keyword(s):  
Research Agenda ◽  
Senior Management ◽  
Board Effectiveness ◽  
Senior Managers ◽  
Different Types ◽  
The Board Of Directors ◽  
Board Roles ◽  
Compliance Strategy ◽  
The Relationship

AbstractWe highlight how directors and senior managers perceive the roles of a board to involve overseeing risk and compliance, strategy, governance, developing the CEO and senior management and managing stakeholders. We find that managers and directors perceive board effectiveness as linked to different combinations of these roles and that there appear to be differences in perceptions between different types of firms. We conclude that clarity around the board's role set is critical to furthering the corporate governance research agenda, and that the relationship between board roles and perceived board effectiveness differs between managers and directors.

The role of the board of directors: Perceptions of managerial elites

2010 ◽  
Vol 16 (2) ◽  
pp. 204-218 ◽  
Author(s):  
Gavin Nicholson ◽  
Cameron Newton
Keyword(s):  
Research Agenda ◽  
Senior Management ◽  
Board Effectiveness ◽  
Senior Managers ◽  
Different Types ◽  
The Board Of Directors ◽  
Board Roles ◽  
Compliance Strategy ◽  
The Relationship

AbstractWe highlight how directors and senior managers perceive the roles of a board to involve overseeing risk and compliance, strategy, governance, developing the CEO and senior management and managing stakeholders. We find that managers and directors perceive board effectiveness as linked to different combinations of these roles and that there appear to be differences in perceptions between different types of firms. We conclude that clarity around the board's role set is critical to furthering the corporate governance research agenda, and that the relationship between board roles and perceived board effectiveness differs between managers and directors.

scholarly journals The role of senior executives in managing key customers in Arab context

2017 ◽  
Vol 32 (6) ◽  
pp. 825-835 ◽  
Author(s):  
Fawaz Baddar ALHussan ◽  
Faten Baddar AL-Husan ◽  
Lulu Alhesan
Keyword(s):  
Middle East ◽  
Senior Management ◽  
Senior Managers ◽  
Content Type ◽  
Account Management ◽  
Key Account ◽  
The World ◽  
Key Accounts ◽  
Key Customer

Purpose The purpose of this paper is to explore the role of senior managers in managing intra-and inter-organizational relationships with key customers and the factors that influence such involvement in a novel context in the Arab Middle East region. Design/methodology/approach An exploratory qualitative research design was used in which 68 face-to-face semi-structured interviews were conducted in Jordan with endogenous and Western firms. Findings Top/senior managers play a significant role in Arab business relationships and in creating value for the firms. Their involvement in key accounts is imperative at all levels – strategic, operational, and relational – mainly due to cultural and institutional factors that are unique to the Arab context. Research limitations/implications The study is limited to operations in one emerging country situated in a novel setting in one particular region of the world, which is the Middle East. Practical implications Arab senior managers’ participation is imperative and should continue with their relatively intense involvement with key accounts. For foreign investors operating in that part of the world, it is highly recommended that senior management have a more a hands-on approach when dealing with the Arab key customer and to focus more on the relational aspect of key account management than on the organizational aspect. Originality/value This paper adds to the very limited number of studies on senior management involvement in key account management, making a theoretical and practical contribution and adding insight on how to manage the relationship with the Arab key customer.

The Role of Government Backbenchers

2017 ◽  
Author(s):  
Meg Russell ◽  
Daniel Gover
Keyword(s):  
Policy Change ◽  
Legislative Process ◽  
Role Of Government ◽  
Policy Actors ◽  
Corporate Manslaughter ◽  
Party Cohesion ◽  
Government Legislation

This chapter explores how government backbench parliamentarians in both chambers at Westminster influence the content of government legislation and the dynamics of politics. Government backbenchers are often thought to be Westminster’s most influential policy actors, operating through the ‘intraparty mode’. As summarized here, governments have recently become less able to rely on their votes, thanks to declining party cohesion. Yet governments are rarely defeated as a result of rebellious votes. This chapter analyses government backbenchers’ amendments proposed to the 12 case study bills—some of which served purposes other than immediate policy change—and their role as ‘pivotal voters’ in resolving legislative disputes with other (particularly opposition) actors. It also emphasizes their influence on legislation before it is introduced, and the importance of ‘anticipated reactions’. For example, ministers introduced the Corporate Manslaughter Bill only reluctantly, following backbench pressure. Backbenchers hence have subtle, and often hidden, influence in the legislative process.

Strategies and Outcomes in the Two Sectors of the Japanese Shipbuilding Industry

2001 ◽  
Vol 17 (03) ◽  
pp. 174-182
Author(s):  
Philip C. Koenig ◽  
Hitoshi Narita ◽  
Koichi Baba
Keyword(s):  
Business Strategy ◽  
Technological Development ◽  
Competitive Environment ◽  
Corporate Structure ◽  
Shipbuilding Industry ◽  
Second Tier ◽  
Two Sectors

The Japanese ocean-going shipbuilding industry has evolved into two distinct sectors and today's second tier or medium-sized firms build close to half the nation's output of large ocean-going vessels. Many vessels recently delivered by the major and the medium-sized shipbuilders are of similar size and complexity. However, the medium-sized shipbuilding companies of Japan differ considerably from the majors in business strategy and corporate structure. To date, studies published in English on the Japanese shipbuilding industry have focused mainly on the seven major firms. In this paper Japan's medium-sized shipbuilders are introduced. Their competitive environment, operations, and strategies are compared with those of the seven major firms. The relative strengths and weaknesses of the major and medium-sized shipbuilders are considered and the role of technological development in the long-term prospects of both is discussed.

The Effect of Big Data Analytic Capabilities Upon Bank Performance via FinTech Innovation

2021 ◽  
Vol 13 (4) ◽  
pp. 62-87
Author(s):  
Ahmed Al-Dmour ◽  
Rand H. Al-Dmour ◽  
Hani H. Al-Dmour ◽  
Eatadal Basheer Ahmadamin
Keyword(s):  
Big Data ◽  
United Arab Emirates ◽  
Structural Equation ◽  
Positive Influence ◽  
Equation Modeling ◽  
Bank Performance ◽  
Senior Managers ◽  
Mediating Role ◽  
The Impact

This study aims to examine and validate the impact of big data analytical capabilities (individual, organizational, and technological) on bank performance via the mediating role of Fintech innovation in commercial banks operating in the United Arab Emirates (UAE). Based on a literature review, resource-based theory, and financial innovation theory, an integrated conceptual framework was developed to guide the study. A quantitative survey approach was used, and the data was collected from 236 banks' senior managers (IT, financial, and marketers). Amos 21 structural equation modeling (SEM) was used to analyze and verify the study variables. The main findings revealed that big data analytical capabilities had a significant positive influence on bank performance. Fintech innovation acted as partial mediators in this relationship.

Workplace Safety and Criminalization

2020 ◽  
pp. 391-408
Author(s):  
Paul Almond
Keyword(s):  
Structural Change ◽  
Criminal Law ◽  
Health And Safety ◽  
Workplace Safety ◽  
Contextual Features ◽  
Organizational Norms ◽  
Capacity Choice ◽  
Corporate Manslaughter ◽  
Open Question

This chapter argues that the contribution of criminalization to better health and safety in workplaces has been limited by certain contextual features of this regulatory method. It focuses on the role of criminal law in the health and safety legislation and the corporate manslaughter offence. In particular, this chapter argues that criminal law interventions are gravitationally oriented towards individualized notions of fault, capacity, choice, and responsibility. Once the liability enquiry is structured in this highly personalized way, the regulatory capacities of the criminal law to secure effective and enduring structural change is limited. Thus, it remains an open question whether the criminal law can accommodate approaches to responsibility that are more attuned to structures, cultures, and organizational norms.

4. Strict, vicarious and corporate liability

2020 ◽  
pp. 139-183
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Human Rights ◽  
Great Britain ◽  
Criminal Law ◽  
Strict Liability ◽  
European Convention ◽  
Mens Rea ◽  
Serious Crime ◽  
Actus Reus ◽  
Corporate Manslaughter ◽  
Corporate Liability

This chapter examines the concept of strict, vicarious and corporate liability in the context of criminal law. It discusses the implications of strict liability for actus reus and mens rea, evaluates arguments for and against strict liability, and considers the treatment of strict liability under the European Convention on Human Rights (ECHR). The chapter explains the principle of corporate liability, highlights the problems in prosecuting a corporation for a serious crime and explains/critiques the key provisions of the Corporate Manslaughter and Corporate Homicide Act (CMCHA) 2007 in Great Britain. It also provides several examples of relevant cases and analyses the bases of court decision in each of them.

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