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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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Law as Last Resort: Prosecution Decision-Making in a Regulatory Agency

Keith HawkinsReader in Law and Society, and Fellow and Tutor in Law, Oriel College, University of Oxford

ISBN13: 9780199243891
ISBN: 0199243891
Published: April 2004
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £38.99
Hardback edition , ISBN13 9780199243884



Low stock.

This is a book about the life of the legal system. Its concern is legal decision-making, its focus the handling of prosecution cases in a regulatory agency. In almost all legal disputing formalities are employed as a last resort for a small proportion of cases. Case attrition is a constant feature in the legal system, whether criminal or civil, since extensive pre-trial negotiations search for solutions to problems that avoid the costs, risks, and delays of trial. This book analyzes the attrition of cases by studying decisions made about their creation, handling, disposal, and prosecution.

Exploring these issues asks questions about the public face of law, the meaning of formal processes, and their impact on pre-trial legal manoeuvring. To prosecute is to enforce the law in both a public and a consequential way. In enforcing regulation prosecution visibly takes sides in the fundamental dilemma of regulatory control about how far law should justifiably intervene in business. Using extensive data collected over a fifteen-year period, and with privileged access to the UK Health and Safety Executive, the book presents a multi-level analysis of decisions about prosecution policy and individual cases in a variety of inspectorates.

Subjects:
General Interest
Contents:
Abbreviations
PART I: FORMALITIES
1. Themes, Perspectives, Questions
2. Organizing Ideas
3. Pre-Trial Processes
PART II: SURROUND
4. Decision-Making Environments
PART III: FIELD
5. Formal Structure and Practice
6. Prosecution Policy
7. Symbols and Images
PART IV: FRAME
8. Enforcers' Theories of Compliance and Punishment
9. The Instrumental Frame: Will Prosecution Have an Impact?
10. The Organizational Frame: Prosecuting as Advertising
11. The Symbolic Frame: The Social Construction of Blame
12. The Legal Frame: Can a Case be Made?
PART V: REFLECTION
13. On Prosecution, Legal Decision-Making, and Law
Appendix: Research Methods and Data Sources
References
Index of Authors
Index of Subjects

Series: Oxford Socio-Legal Studies

Law as a Social System ISBN 9780199546121
Published June 2008
Oxford University Press
£35.99
£27.99
Coercion to Compromise Plea Bargaining, the Courts, and the Making of Political Authority ISBN 9780195101744
Published November 2007
Oxford University Press
£73.00
Law as a Social System
Niklas Luhmannformer Emeritus Professor of Sociology, Bielefeld University, Germany
ISBN 9780198262381
Published July 2006
Oxford University Press
Price on Application
English Lawyers Between Market and State
Richard L. AbelConnell Professor of Law, University of California, Los Angeles, USA
ISBN 9780198260332
Published July 2005
Oxford University Press
£120.00
Regulating Commercial Gambling: Past, Present and Future ISBN 9780198256724
Published September 2004
Oxford University Press
£99.00
Law as Last Resort: Prosecution Decision-Making in a Regulatory Agency
Keith HawkinsReader in Law and Society, and Fellow and Tutor in Law, Oriel College, University of Oxford
ISBN 9780199243884
Published April 2004
Oxford University Press
£95.00
Accountability: A Public Law Analysis of Government by Contract
A. C. L. DaviesFellow, All Souls College, Oxford
ISBN 9780198299486
Published July 2003
Oxford University Press
£78.00
English Lawyers Between Market and State ISBN 9780198260349
Published March 2003
Oxford University Press
£53.00
A General Jurisprudence of Law and Society
Brian Z. TamanahaProfessor of Law, St John's University School of Law, New York, USA
ISBN 9780199244669
Published July 2002
Oxford University Press
Price on Application
A General Jurisprudence of Law and Society ISBN 9780199244676
Published July 2002
Oxford University Press
£29.49
Cause Lawyering and the State in a Global Era ISBN 9780195141177
Published January 2002
Oxford University Press
£19.49
The Justice of Islam
Lawrence RosenProfessor and Chair of Anthropology, and Adjunct Professor of Law, Columbia University, USA
ISBN 9780198298847
Published December 2001
Oxford University Press
£83.00
Realistic Socio-legal Theory: Pragmatism and a Social Theory of Law
Brian TamanahaAssistant Professor, St John's University School of Law, New York, USA
ISBN 9780198298250
Published July 2001
Oxford University Press
£38.99
World Jury Systems
Edited by: Neil Vidmar
ISBN 9780198298564
Published December 2000
Oxford University Press
£89.00
Regulating Workplace Safety: Systems and Sanctions ISBN 9780198268246
Published October 2000
Oxford University Press
£95.00
The Justice of Islam ISBN 9780198298854
Published February 2000
Oxford University Press
£38.99
Smart Regulation: Designing Environmental Policy ISBN 9780198268574
Published December 1999
Oxford University Press
Out of print
Just Lawyers: Reguation and Access to Justice ISBN 9780198268413
Published December 1999
Oxford University Press
£95.00
Compliance, Regulation and Environment ISBN 9780198264750
Published February 1999
Oxford University Press
£73.00
Cause Lawyering: Political Commitments and Professional Responsibilities
ISBN 9780195113204
Published October 1998
Oxford University Press
£51.00
Small Claims in the County Courts in England and Wales
John BaldwinProfessor of Law and Director of the Institute of Judicial Administration, University of Birmingham
ISBN 9780198264774
Published June 1998
Clarendon Press
£79.00
Realistic Socio-legal Theory: Pragmatism and a Social Theory of Law
Brian Z. TamanahaAssistant Professor, St John's University School of Law, New York, USA
ISBN 9780198265603
Published May 1998
Oxford University Press
Price on Application
Sexually Transmitted Debt: Surety Experience and English Law ISBN 9780198264736
Published December 1997
Clarendon Press
£69.00
The Oldest Social Science? Configurations of Law and Modernity ISBN 9780198265597
Published October 1997
Oxford University Press
£61.00
Rules and Regulators
Julia BlackLecturer in Law, London School of Economics
ISBN 9780198262947
Published August 1997
Clarendon Press
£58.00
Housing Homeless Persons
Ian LovelandSenior Lecturer in Law, Queen Mary and Westfield College, University of London
ISBN 9780198258766
Published June 1997
Oxford University Press
£67.00
Law's Community: Legal Theory in Sociological Perspective
Roger CotterrellDean of the Faculty of Laws, Queen Mary and Westfield College, University of London
ISBN 9780198264903
Published June 1997
Oxford University Press
£44.49
Rules and Government ISBN 9780198264897
Published June 1996
Clarendon Press
£24.99
Wills, Inheritance and Families ISBN 9780198258346
Published March 1996
Oxford University Press
£73.00
The Social World of an English Crown Court: Witnesses and Professionals in the Crown Court Centre at Wood Green
Paul RockProfessor of Sociology, London School of Economics
ISBN 9780198258438
Published May 1995
Oxford University Press
£95.00
Families, Politics and the Law ISBN 9780198258100
Published April 1995
Oxford University Press
£90.00
(Second Hand)
Responsive Regulation: Transcending the Deregulation Debate
Ian AyresResearch Fellow, American Bar Foundation and Professor of Law, Stanford University, USA, John Braithwaite
ISBN 9780195093766
Published April 1995
Oxford University Press
£25.49
The Uses of Discretion
Edited by: Keith Hawkins
ISBN 9780198259503
Published February 1995
Oxford University Press
£33.99
Reservation of Title Clauses: Impact and Implications ISBN 9780198257370
Published January 1992
Oxford University Press
£100.00