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Vol 21 No 11 Nov/Dec 2016

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Corporate Manslaughter and Regulatory Reform

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ISBN13: 9780230274525
Published: January 2013
Publisher: Palgrave Scholarly
Country of Publication: UK
Format: Hardback
Price: £61.00



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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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Subjects:
Criminal Law
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 Criminalisation
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