2017 Thematic: Banking and the Limits of Professionalism 411 17 BANKING AND THE LIMITS OF PROFESSIONALISM DIMITY KINGSFORD SMITH,* THOMAS CLARKE** AND JUSTINE ROGERS*** I INTRODUCTION Few other occupations that aspire to professional status have the influence, both beneficial and destructive, or the raw power to resist regulation and political constraint, that banking has. The global financial crisis (‘GFC’) and revelations of bank manipulation of the benchmark London Inter-bank Offering Rate (‘LIBOR’),1 which followed quickly afterwards, showed devastatingly the worst of this influence and power. These failings have been diagnosed as stemming from a foundational collapse in the values of individuals and in the governance of banking entities.2 The critique has concentrated on demands for better decisions and conduct from individuals, as well as changes in the entities for which they work, to better support those individuals. This post-GFC prescription for banking has turned attention to the professions as a possible framework for promoting individual ethical conduct in banking.3 Indeed, since the LIBOR revelations, even banking itself has expressed a desire to professionalise.4 * Professor and Director of the Centre for Law, Markets and Regulation (‘CLMR’) University of New South Wales (‘UNSW’); LLM (London School of Economics, London) LLB (Sydney) BA (Sydney). Correspondence to Professor Kingsford Smith <
[email protected]>. ** Professor of Management and Director of the Key University Research Centre for Corporate Governance, University of Technology Sydney; PhD (Warwick) BSocSc (Birm). *** Lecturer, UNSW Law; DPhil (Oxford) MSc (Oxford). The authors acknowledge the support of the Australian Research Council and the Professional Standards Councils for this work and particularly the comments of the anonymous referees and of fellow researcher, Hugh Breakey, on an earlier version of this paper and the work of Senior Research Fellow, John Chellew.