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Vol 25 No 2 Feb/March 2020

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Lewin on Trusts

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The 'Just Culture' Principles in Aviation Law: Towards a Safety-Oriented Approach

ISBN13: 9783030231774
Published: October 2019
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £99.99

Despatched in 11 to 13 days.

This book reviews and critically analyzes the current legal framework with regard to a more just culture for the aviation sector. This new culture is intended to protect front-line operators, in particular controllers and pilots, from legal action (except in the case of willful misconduct or gross negligence) by creating suitable laws, regulations and standards. In this regard, it is essential to have an environment in which all incidents are reported, moving away from fears of criminalization. The approach taken until now has been to seek out human errors and identify the individuals responsible. This punitive approach does not solve the problem because frequently the system itself is (also) at fault. Introducing the framework of a just culture could ensure balanced accountability for both individuals and complex organizations responsible for improving safety. Both aviation safety and justice administration would benefit from this carefully established equilibrium

Air and Space Law
Origin and Development of a "Just Culture"
The Legal Defintion of "Just Culture" in Aviation
Legitimate and Illegitimate Behaviour in Aviation
"Just Culture" Versus "Blame Culture" in Aviation
From a "Blame Culture" to a "Just Culture" and Back: The Italian Experience in the Aviation Field
Final Remarks