Corporate Manslaughter and Regulatory ReformHardback Crime Prevention and Security Management
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- Publisher: Palgrave MacMillan
- Format: Hardback | 248 pages
- Dimensions: 144mm x 220mm x 18mm | 422g
- Publication date: 25 January 2013
- Publication City/Country: Basingstoke
- ISBN 10: 0230274528
- ISBN 13: 9780230274525
- Illustrations note: black & white illustrations
- Sales rank: 1,098,532
Corporate Manslaughter and Regulatory Reform provides an innovative account of the emergence of new corporate manslaughter offences to criminalise deaths in the workplace during the last twenty years. Occurring in many different national jurisdictions, this book shows how these developments can be understood as a coherent phenomenon. Almond identifies the historical and legal origins of the instrumentalism that has limited the ability of health and safety regulation to respond effectively to work-related death cases, explaining how and why criminal law came to be used as a means of addressing these limitations by reinforcing the moral values underpinning regulation. The contemporary neoliberal political context poses fundamental challenges to systems of safety regulation; it has created an environment in which criminal law is seen as an effective and desirable means of delivering important moral and symbolic messages that regulation cannot communicate effectively itself.
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PAUL ALMOND is a Senior Lecturer in Law at the University of Reading, UK. He completed his PhD at the University of Birmingham focusing on the enforcement of work-related fatality cases. He has subsequently published numerous journal articles about the enforcement of health and safety regulation.
Table of contents
List of Cases List of Statutory Material Author Preface Series Preface An Introduction to Work-Related Deaths Plan of the Book PART I: THE SHIFT FROM "REGULATION" TO "CRIME" Defining the Problem of Work-Related Deaths Measuring the Problem of Work-Related Deaths The Public Importance of Work-Related Deaths Regulatory Enforcement Practices Following Work-Related Deaths Corporate Manslaughter Reform in the UK PART II: THE INTERNATIONAL "CORPORATE MANSLAUGHTER" PHENOMENON Model One: Direct Corporate Liability for Homicide Offences Model Two: Attributed Corporate Liability for Homicide Offences Model Three: No Attributed Corporate Liability for Homicide Offences Model Four: No Corporate Criminal Liability Conclusion PART III: WORK-RELATED DEATHS AS SYMBOLIC EVENTS Theorising the Role of Regulatory Enforcement The Instrumentalism of Regulatory Enforcement Towards a Communicative Understanding of Enforcement Habermas and Regulatory Enforcement PART IV: REGULATING WORK-RELATED DEATH - A HISTORY The First Wave: Regulation and Legal Personhood The Early Second Wave: Regulation and the State The Late Second Wave: Regulation and the Public Interest The Third Wave: Regulation and Welfare Conclusion PART V: CRIMINALISING WORK-RELATED DEATH Differentiating Crime and Regulation Developing an Ambiguous "Corporate Criminal Law" The Emergence of a Corporate Crime Discourse From Crime to Regulation, From Regulation to Crime The Appeal of the Criminal Law PART VI: THE PURPOSE OF CORPORATE HOMICIDE LIABILITY The Normative Gap Within Health and Safety Regulation Understanding "True" Public Attitudes Towards Work-Related Death The Legitimatory Functions of Criminalization What "Values" Does a Corporate Manslaughter Offence Pursue? PART VII: THE LIMITS OF CORPORATE MANSLAUGHTER REFORMS The Instrumental Limits of Corporate Manslaughter Corporate Manslaughter as "Pure Symbolism?" Corporate Manslaughter as "Penal Populism?" Corporate Manslaughter as "Governing Through Crime?" Corporate Manslaughter as an "Imperfect Solution?" Conclusions Notes Bibliography Index