COMPLIANCE AND ETHICS
Instructional goals
Provide students with a comprehensive interdisciplinary overview of criminal compliance and business ethics, by focusing, on the one hand, on the importance of crime prevention activities and compliance programs in the corporate context and, on the other hand, on their underlying critical and theoretical issues.
The first strand of the course, focused on corporate compliance and criminal liability, aims at providing students with the basic knowledge of compliance and internal corporate controls, analyzing their role and function within the corporate organization. Attention will be paid to corporate criminal liability models and, in particular, to the Italian regulatory framework (Legislative Decree No. 231/2001).
The second strand of the course is dedicated to business ethics, with a focus on moral dilemmas generated by complex economic activities, the relationship between ethics and corporate governance, and key critical theories that question the instrumental use of ethics in managerial discourse.
The goal is also to provide students with the understanding of the impact of business activities on society in an increasingly globalized world, from both legal and ethical perspective, to train professionals able of meeting complex regulatory challenges.
Intended learning outcomes
Knowledge and understanding:
Student will be expected to learn the basic notions of compliance as a business function and to gain knowledge of corporate criminal liability rules and criminal compliance activities. Students will be also expected to critically reflect on the ethical foundations and political assumptions of corporate compliance systems, drawing connections between legal norms and broader questions of responsibility and power.
Such knowledge will be ascertained through the evaluation of participation in class discussions and practical labs, and a final oral exam on course topics.
Applying knowledge and understanding:
By attending the course, students will be able to apply, also with regard to the resolution of practical cases, the relevant notions concerning corporate criminal liability and criminal compliance. In this way, students will have the basic knowledge of the subject at hand to participate in the job market as legal experts and corporate advisors, able to build and manage a comprehensive corporate criminal compliance and internal controls system, as well as knowleadgeable about the relevant compliance regulations.
Students will also be required to critically assess the value frameworks underlying compliance programs and to engage with case studies in which tensions between norms, ethics, and organizational practices emerge. Students will be also able to link the notions learned with topics related to other academic fields (e.g. management, legal computer science). This knowledge will be evaluated taking into account the results of students’ participation in class discussions, practical labs and the final oral exam on course topics.
Making judgments:
By using a correct study and research methodology acquired during the course, students will be able to collect data and materials to analyze relevant regulations as well as the case law and the legal doctrine related to the subjects considered. Students will also be able to solve the issues related to business compliance and ethics, understanding the various risks a corporation could be exposed, and related legal consequences.
Students will gain the ability to evaluate data and materials independently and to formulate their own critical judgment on the application of the fundamental principles and categories of criminal law and ethical-economic reflection, with particular attention to the global, environmental, and intergenerational dimensions of corporate responsibility.
Communication skills:
At the end of the course students will be able to use the appropriate technical-legal vocabulary related to the subjects of the course, addressing the legal issues submitted to their attention with fluency and using the proper technical language. Students will be able to apply these communication skills in different contexts. Students will acquire argumentative skills as well as the ability to adapt the terms used to the context and to their interlocutor.
Learning skills:
The knowledge acquired during the course will allow students to independently understand and interpret regulatory changes. The application of notions acquired during the course will also provide students with that solid interdisciplinary knowledge necessary to undertake different postgraduate specializations.
Course Contents
Course Presentation
Introduction to Key Concepts: Compliance and Criminal Compliance, CSR, Due Diligence.
Compliance obligations and enforcement mechanisms.
Criminal Compliance and Corporate Criminal Liability in the Global Scenario.
Criminal Compliance and Corporate Criminal Liability in the Italian Experience: The Legislative Decree No. 231 of 2001
Role and Functions of Compliance
Programs
Incentives to Cooperation and Negotiated
Settlements
Ethics of labor and automation
Environmental and intergenerational ethics
Ethical issues in financial markets
Ethics of social impact
Reference Books
Students will be able to prepare for the exam by studying the reference books and the materials indicated on Luiss Learn platform. Information on reference books and materials will be available before the course starting date.
Teaching Methods
Lessons; class discussions; practical labs; presentations.
Assessment Method
The final exam consists of an oral interview and students shall demonstrate that they have achieved the expected learning outcomes, firstly with regard to the necessary knowledge of the relevant areas of criminal law and ethics / critical thinking included in the course programme.
Students shall be able to use an appropriate legal vocabulary and to prove that they are able to independently analyse relevant legislation and case law, as to develop an autonomous ability to study the subject.
The grade will be awarded in thirtieths and the following evaluation criteria will be taken into account: attendance and participation in class discussion and practical labs, appropriate use of the technical and legal vocabulary, ability to independently evaluate and analyse relevant sources (30%); final oral exam on course contents (70%). Learning gaps concerning one or more notions will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.
Non-attending students will be required to submit a written paper and to take part in a final oral interview on course topics. The final grade will be determined on the basis of the written paper and the oral exam.
Thesis assignment criteria
Interest in the course; good presentation in the working groups; good result/grades in the evaluation.
Students interested in choosing this course for their final thesis shall submit a short abstract to explain their ideas.
Week 1
Course Presentation
Introduction to Key Concepts: Compliance and Criminal Compliance, CSR, Ethics in Business /Business
Integrity. Risk-based approach and integrated compliance: role and function
Week 2
Compliance Obligations in the European and International Legal Framework
Week 3
Focus on Criminal Compliance
The Problem of Corporate ‘Criminal’
Liability: a Comparative Overview
Introduction to the Italian Experience: Road to the
Legislative Decree No. 231 of 2001
Week 4
Focus on the Italian legal experience.
The Legislative Decree No. 231 of 2001.
(I) Liability’s Structure and Main Features (II) The Notion of ‘Organisational Fault’.
Compliance Programs: Functions and Judicial Evaluation
Week 5
The Legislative Decree No. 231 of 2001.
Incentives to Cooperation / Remediation. Negotiated Settlements in a Comparative perspective
Week 6
Towards New Frontiers of Compliance? Responsible Business Conduct and Value Chains
Workshop/Practical labs
Week 7
Introduction to ethical theories: agency theory, stakeholder theory; utilitarianism, universalism, and postmodern ethics.
Week 8
Corporate responses to global crises; ethical considerations on ecological crisis, technological revolution, financial imbalances, and social fractures.
Week 9
Ethical issues in financial markets; lessons from the 2008 financial crisis.
Week 10
Ethical implications of AI and biotechnology in business; data governance; algorithmic bias.
Week 11
Global labor standards; ethical issues in supply chains; cultural relativism in business ethics.
Week 12
The ethics of corporate impact; influence on policymaking and society; transparency and accountability