STUART P GREEN
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199225804
- eISBN:
- 9780191708411
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199225804.003.0002
- Subject:
- Law, Philosophy of Law, Employment Law
This chapter begins with a discussion of the three critical issues in defining ‘white-collar crime’. It then considers the offenses that should be regarded as white-collar crimes, and salvaging ...
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This chapter begins with a discussion of the three critical issues in defining ‘white-collar crime’. It then considers the offenses that should be regarded as white-collar crimes, and salvaging white-collar crime as a concept of law and legal theory.Less
This chapter begins with a discussion of the three critical issues in defining ‘white-collar crime’. It then considers the offenses that should be regarded as white-collar crimes, and salvaging white-collar crime as a concept of law and legal theory.
John Braithwaite and Philip Pettit
- Published in print:
- 1992
- Published Online:
- October 2011
- ISBN:
- 9780198240563
- eISBN:
- 9780191680205
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198240563.003.0009
- Subject:
- Philosophy, Political Philosophy
This chapter shows that retributivism is incapable of dealing with the complexities of modern society, in particular complexities associated with white-collar crime. It argues that the just deserts ...
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This chapter shows that retributivism is incapable of dealing with the complexities of modern society, in particular complexities associated with white-collar crime. It argues that the just deserts model is neither desirable nor feasible as a response to such crime, and that its implementation would have the practical effect of increasing rather than decreasing certain unjust inequalities.Less
This chapter shows that retributivism is incapable of dealing with the complexities of modern society, in particular complexities associated with white-collar crime. It argues that the just deserts model is neither desirable nor feasible as a response to such crime, and that its implementation would have the practical effect of increasing rather than decreasing certain unjust inequalities.
Stuart P. Green
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199225804
- eISBN:
- 9780191708411
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199225804.001.0001
- Subject:
- Law, Philosophy of Law, Employment Law
The picture of crime that dominates the popular imagination is one of unambiguous wrong-doing — manifestly harmful acts that are clearly worthy of condemnation. The accompanying picture of the ...
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The picture of crime that dominates the popular imagination is one of unambiguous wrong-doing — manifestly harmful acts that are clearly worthy of condemnation. The accompanying picture of the criminal — the thief, the murderer — is a picture of society's failures, to be cast out and re-integrated through a process of punishment and penance. Our understanding of white-collar crime, by contrast, is pervaded by moral and imaginative ambiguity. Such crimes are committed by society's success stories, by the rich and the powerful, and frequently have no visible victim at their root. The problem of marrying these disparate pictures has led to a confusion of the boundaries of white-collar crime. How is it possible to distinguish criminal fraud from mere lawful ‘puffing’, tax evasion from ‘tax avoidance’, insider trading from ‘savvy investing’, obstruction of justice from ‘zealous advocacy’, bribery from ‘log rolling’, and extortion from ‘hard bargaining’? How should we, as scholars and students, lawyers and judges, law enforcement officials and the general public, distinguish the lawful from the unlawful, the civil from the criminal? This study exposes the ambiguities and uncertainties that pervade the white-collar crimes, and offers an approach to their solution. Drawing on recent cases involving such figures as Martha Stewart, Bill Clinton, Tom DeLay, Scooter Libby, Jeffrey Archer, Enron's Kenneth Lay and Andrew Fastow, and the Arthur Anderson accounting firm, this book weaves together disparate threads of the criminal code to reveal a complex web of moral insights about the nature of guilt and innocence and what, fundamentally, constitutes conduct worthy of punishment by criminal sanction.Less
The picture of crime that dominates the popular imagination is one of unambiguous wrong-doing — manifestly harmful acts that are clearly worthy of condemnation. The accompanying picture of the criminal — the thief, the murderer — is a picture of society's failures, to be cast out and re-integrated through a process of punishment and penance. Our understanding of white-collar crime, by contrast, is pervaded by moral and imaginative ambiguity. Such crimes are committed by society's success stories, by the rich and the powerful, and frequently have no visible victim at their root. The problem of marrying these disparate pictures has led to a confusion of the boundaries of white-collar crime. How is it possible to distinguish criminal fraud from mere lawful ‘puffing’, tax evasion from ‘tax avoidance’, insider trading from ‘savvy investing’, obstruction of justice from ‘zealous advocacy’, bribery from ‘log rolling’, and extortion from ‘hard bargaining’? How should we, as scholars and students, lawyers and judges, law enforcement officials and the general public, distinguish the lawful from the unlawful, the civil from the criminal? This study exposes the ambiguities and uncertainties that pervade the white-collar crimes, and offers an approach to their solution. Drawing on recent cases involving such figures as Martha Stewart, Bill Clinton, Tom DeLay, Scooter Libby, Jeffrey Archer, Enron's Kenneth Lay and Andrew Fastow, and the Arthur Anderson accounting firm, this book weaves together disparate threads of the criminal code to reveal a complex web of moral insights about the nature of guilt and innocence and what, fundamentally, constitutes conduct worthy of punishment by criminal sanction.
Richard L. Abel
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195374230
- eISBN:
- 9780199871803
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195374230.003.0001
- Subject:
- Law, Legal Profession and Ethics
All of social life depends on trust, which often is best understood through its betrayal. The literature on white collar crime delineates its distinctive characteristics; case studies of embezzlement ...
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All of social life depends on trust, which often is best understood through its betrayal. The literature on white collar crime delineates its distinctive characteristics; case studies of embezzlement in the United States and “fiddling” in England illuminate the ways in which trusted employees and agents betray their principals. This offers a framework for the study of lawyer deviance. Disciplinary proceedings against New York lawyers eventuating in findings of guilt and suspension or disbarment are public records. Aside from misappropriation of client funds (which displays predictable behavior) and the miscellany of felonies, the most common and important categories of lawyer deviance are client neglect, overcharging, and excessive zeal.Less
All of social life depends on trust, which often is best understood through its betrayal. The literature on white collar crime delineates its distinctive characteristics; case studies of embezzlement in the United States and “fiddling” in England illuminate the ways in which trusted employees and agents betray their principals. This offers a framework for the study of lawyer deviance. Disciplinary proceedings against New York lawyers eventuating in findings of guilt and suspension or disbarment are public records. Aside from misappropriation of client funds (which displays predictable behavior) and the miscellany of felonies, the most common and important categories of lawyer deviance are client neglect, overcharging, and excessive zeal.
STUART P GREEN
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199225804
- eISBN:
- 9780191708411
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199225804.003.0003
- Subject:
- Law, Philosophy of Law, Employment Law
This chapter begins the task of looking at white-collar crime through the lens of criminal law theory. It discusses the place of retribution in criminal law theory and moral ambiguity in white-collar ...
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This chapter begins the task of looking at white-collar crime through the lens of criminal law theory. It discusses the place of retribution in criminal law theory and moral ambiguity in white-collar criminal law.Less
This chapter begins the task of looking at white-collar crime through the lens of criminal law theory. It discusses the place of retribution in criminal law theory and moral ambiguity in white-collar criminal law.
STUART P GREEN
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199225804
- eISBN:
- 9780191708411
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199225804.003.0004
- Subject:
- Law, Philosophy of Law, Employment Law
This chapter focuses on three kinds of moral element found in any criminal offense: (1) mens rea (or omission of mens rea), (2) harmfulness, and (3) moral wrongfulness. This three-part framework is ...
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This chapter focuses on three kinds of moral element found in any criminal offense: (1) mens rea (or omission of mens rea), (2) harmfulness, and (3) moral wrongfulness. This three-part framework is used as an analytical framework for describing white-collar crime's moral complexity.Less
This chapter focuses on three kinds of moral element found in any criminal offense: (1) mens rea (or omission of mens rea), (2) harmfulness, and (3) moral wrongfulness. This three-part framework is used as an analytical framework for describing white-collar crime's moral complexity.
STUART P GREEN
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199225804
- eISBN:
- 9780191708411
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199225804.003.0022
- Subject:
- Law, Philosophy of Law, Employment Law
This chapter presents some concluding thoughts from the author. It is because white-collar criminal law is informed by everyday moral concepts such as cheating, deceiving, coercing, and the like that ...
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This chapter presents some concluding thoughts from the author. It is because white-collar criminal law is informed by everyday moral concepts such as cheating, deceiving, coercing, and the like that its moral character can seem so ambiguous. But such ambiguity should not dissuade us from its study. The white-collar offenses constitute an increasingly important part of our criminal law. If we are to really understand that law, we have no choice but to continue exploring the complex relationship between it and morality.Less
This chapter presents some concluding thoughts from the author. It is because white-collar criminal law is informed by everyday moral concepts such as cheating, deceiving, coercing, and the like that its moral character can seem so ambiguous. But such ambiguity should not dissuade us from its study. The white-collar offenses constitute an increasingly important part of our criminal law. If we are to really understand that law, we have no choice but to continue exploring the complex relationship between it and morality.
Donald Palmer
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199573592
- eISBN:
- 9780191738715
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199573592.003.0001
- Subject:
- Business and Management, Organization Studies, Corporate Governance and Accountability
This chapter very briefly outlines the book's five contributions. First, the book identifies two broad perspectives on organizational wrongdoing and misconduct, conceived broadly as corporate crime, ...
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This chapter very briefly outlines the book's five contributions. First, the book identifies two broad perspectives on organizational wrongdoing and misconduct, conceived broadly as corporate crime, white-collar crime, unethical behavior, and socially irresponsible behavior. One perspective characterizes wrongdoing as an abnormal phenomenon, and the other characterizes it as a normal one. Second, it elaborates two general approaches to analyzing the causes of organizational wrongdoing. One is dominant in the field today, and the other represents an emerging alternative view. Third, it delineates eight specific explanations of organizational wrongdoing. Two explanations are associated with the abnormal perspective and dominant approach, five are associated with the normal perspective and alternative approach, and one occupies a bridging position. Fourth, the book illustrates these perspectives, approaches, and explanations with rich case material. Fifth, it explores the implications of the theoretical ideas presented for those interested in curbing wrongdoing in and of organizations.Less
This chapter very briefly outlines the book's five contributions. First, the book identifies two broad perspectives on organizational wrongdoing and misconduct, conceived broadly as corporate crime, white-collar crime, unethical behavior, and socially irresponsible behavior. One perspective characterizes wrongdoing as an abnormal phenomenon, and the other characterizes it as a normal one. Second, it elaborates two general approaches to analyzing the causes of organizational wrongdoing. One is dominant in the field today, and the other represents an emerging alternative view. Third, it delineates eight specific explanations of organizational wrongdoing. Two explanations are associated with the abnormal perspective and dominant approach, five are associated with the normal perspective and alternative approach, and one occupies a bridging position. Fourth, the book illustrates these perspectives, approaches, and explanations with rich case material. Fifth, it explores the implications of the theoretical ideas presented for those interested in curbing wrongdoing in and of organizations.
James C. Oleson
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780520282414
- eISBN:
- 9780520958098
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520282414.003.0005
- Subject:
- Sociology, Law, Crime and Deviance
This chapter describes the self-reports for seventy-two different offenses. Rates of prevalence (the percentage of the sample reporting an offense), incidence (the number of offenses reported by the ...
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This chapter describes the self-reports for seventy-two different offenses. Rates of prevalence (the percentage of the sample reporting an offense), incidence (the number of offenses reported by the sample), and recency (the number of offenses committed within the previous year) are described, and are organized into nine crime types, ranging from minor infractions to capital felonies: (1) violent crimes; (2) sex crimes; (3) white-collar crimes; (4) drug crimes; (5) property crimes; (6) professional misconduct; (7) vehicular offenses; (8) justice-system offenses; and (9) a handful of miscellaneous offenses. Contrary to prevailing theories of IQ and crime, high-IQ index respondents reported higher prevalence rates than controls for fifty of the seventy-two offenses and, overall, reported higher incidence rates than controls.Less
This chapter describes the self-reports for seventy-two different offenses. Rates of prevalence (the percentage of the sample reporting an offense), incidence (the number of offenses reported by the sample), and recency (the number of offenses committed within the previous year) are described, and are organized into nine crime types, ranging from minor infractions to capital felonies: (1) violent crimes; (2) sex crimes; (3) white-collar crimes; (4) drug crimes; (5) property crimes; (6) professional misconduct; (7) vehicular offenses; (8) justice-system offenses; and (9) a handful of miscellaneous offenses. Contrary to prevailing theories of IQ and crime, high-IQ index respondents reported higher prevalence rates than controls for fifty of the seventy-two offenses and, overall, reported higher incidence rates than controls.
Jeffrey S. Parker
- Published in print:
- 2013
- Published Online:
- October 2013
- ISBN:
- 9780300175219
- eISBN:
- 9780300195071
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300175219.003.0019
- Subject:
- Political Science, American Politics
This chapter discusses corporate crime and overcriminalization. It first discusses the concept of corporate crime and its historical background. Corporate crimes include entity criminal liability, ...
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This chapter discusses corporate crime and overcriminalization. It first discusses the concept of corporate crime and its historical background. Corporate crimes include entity criminal liability, corporate agent criminal liability, and white-collar crime. Next, it discusses the recent expansion of corporate crime and enforcement. This is followed by criminalization and its factors. The failure of American public morality is also examined.Less
This chapter discusses corporate crime and overcriminalization. It first discusses the concept of corporate crime and its historical background. Corporate crimes include entity criminal liability, corporate agent criminal liability, and white-collar crime. Next, it discusses the recent expansion of corporate crime and enforcement. This is followed by criminalization and its factors. The failure of American public morality is also examined.
STUART P GREEN
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199225804
- eISBN:
- 9780191708411
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199225804.003.0001
- Subject:
- Law, Philosophy of Law, Employment Law
This introductory chapter begins with a discussion of the moral complexity and uncertainty associated with white-collar crime. It presents two recent cases of alleged criminality to illustrate these ...
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This introductory chapter begins with a discussion of the moral complexity and uncertainty associated with white-collar crime. It presents two recent cases of alleged criminality to illustrate these issues: the case of Tom DeLay and the case of Bill Clinton. An overview of the three parts of the book is presented.Less
This introductory chapter begins with a discussion of the moral complexity and uncertainty associated with white-collar crime. It presents two recent cases of alleged criminality to illustrate these issues: the case of Tom DeLay and the case of Bill Clinton. An overview of the three parts of the book is presented.
Randy Hodson and Gary F. Jensen
- Published in print:
- 2013
- Published Online:
- March 2016
- ISBN:
- 9780814722602
- eISBN:
- 9780814722626
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814722602.003.0001
- Subject:
- Psychology, Social Psychology
This introductory chapter addresses why neither crime at the workplace nor crime generated by workplace experiences has received much attention in criminology. To some degree this neglect reflects ...
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This introductory chapter addresses why neither crime at the workplace nor crime generated by workplace experiences has received much attention in criminology. To some degree this neglect reflects the opinion of prominent criminologists who have argued that: (1) the public is most concerned with street crime or that (2) the causes of crime rest with characteristics of offenders established at an early age. In this regard, the chapter presents the rationale of the book: to discuss white-collar crime in relation to injustice and the abuse of power, as well as show that general theories of crime can provide general frameworks for organizing the study of crime in relation to the workplace.Less
This introductory chapter addresses why neither crime at the workplace nor crime generated by workplace experiences has received much attention in criminology. To some degree this neglect reflects the opinion of prominent criminologists who have argued that: (1) the public is most concerned with street crime or that (2) the causes of crime rest with characteristics of offenders established at an early age. In this regard, the chapter presents the rationale of the book: to discuss white-collar crime in relation to injustice and the abuse of power, as well as show that general theories of crime can provide general frameworks for organizing the study of crime in relation to the workplace.
Matthew Gill
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199547142
- eISBN:
- 9780191720017
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199547142.003.0001
- Subject:
- Business and Management, Corporate Governance and Accountability, Finance, Accounting, and Banking
Accountancy tends to capture the public imagination only when something goes spectacularly wrong. This chapter illustrates how such spectacles, rather than being isolated incidents, can be understood ...
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Accountancy tends to capture the public imagination only when something goes spectacularly wrong. This chapter illustrates how such spectacles, rather than being isolated incidents, can be understood as extreme manifestations of some aspects of everyday accounting practice. It introduces the problems of trust, truthfulness, factuality, and ethics that motivate subsequent chapters, and also offers a vivid description of the social world inhabited by chartered accountants working in large firms.Less
Accountancy tends to capture the public imagination only when something goes spectacularly wrong. This chapter illustrates how such spectacles, rather than being isolated incidents, can be understood as extreme manifestations of some aspects of everyday accounting practice. It introduces the problems of trust, truthfulness, factuality, and ethics that motivate subsequent chapters, and also offers a vivid description of the social world inhabited by chartered accountants working in large firms.
STUART P GREEN
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199225804
- eISBN:
- 9780191708411
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199225804.003.0009
- Subject:
- Law, Philosophy of Law, Employment Law
The significance of the norm against disloyalty (and the closely related concept of breach of trust) to our understanding of white-collar crime has been both over- and underestimated in the scholarly ...
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The significance of the norm against disloyalty (and the closely related concept of breach of trust) to our understanding of white-collar crime has been both over- and underestimated in the scholarly literature. On one hand, there are writers, such as Susan Shapiro, who have argued that violation of trust is the defining characteristic of white-collar crime. On the other hand, there are scholars such as John Coffee who have expressed considerable skepticism about the role that breach of trust should play in the criminal law. A more accurate assessment would arrive at a conclusion somewhere between these extremes. While the concept of disloyalty does play a significant role in defining certain key criminal offenses, such as bribery, treason, some acts of insider trading, and some frauds, it has little to do with many other core white collar offenses. This chapter explains the meaning of disloyalty, and foreshadows some of the ways that it plays a role in defining white-collar crime.Less
The significance of the norm against disloyalty (and the closely related concept of breach of trust) to our understanding of white-collar crime has been both over- and underestimated in the scholarly literature. On one hand, there are writers, such as Susan Shapiro, who have argued that violation of trust is the defining characteristic of white-collar crime. On the other hand, there are scholars such as John Coffee who have expressed considerable skepticism about the role that breach of trust should play in the criminal law. A more accurate assessment would arrive at a conclusion somewhere between these extremes. While the concept of disloyalty does play a significant role in defining certain key criminal offenses, such as bribery, treason, some acts of insider trading, and some frauds, it has little to do with many other core white collar offenses. This chapter explains the meaning of disloyalty, and foreshadows some of the ways that it plays a role in defining white-collar crime.
N. Reichman
- Published in print:
- 1998
- Published Online:
- March 2012
- ISBN:
- 9780198765295
- eISBN:
- 9780191695292
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198765295.003.0012
- Subject:
- Law, Philosophy of Law
This chapter explicates the business sector's influence on the definition and distribution of white-collar crime within specific regulatory contexts. It argues that business sectors influence the ...
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This chapter explicates the business sector's influence on the definition and distribution of white-collar crime within specific regulatory contexts. It argues that business sectors influence the distribution of white-collar crime not only through their influence on the enactment and administration of law, but also through their relative abilities to define what regulatory law is, how it is violated, and enforced. The chapter weaves a model of regulatory authority and its effect on regulatory policy and practice around the context of deal making in the securities industry.Less
This chapter explicates the business sector's influence on the definition and distribution of white-collar crime within specific regulatory contexts. It argues that business sectors influence the distribution of white-collar crime not only through their influence on the enactment and administration of law, but also through their relative abilities to define what regulatory law is, how it is violated, and enforced. The chapter weaves a model of regulatory authority and its effect on regulatory policy and practice around the context of deal making in the securities industry.
STUART P GREEN
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199225804
- eISBN:
- 9780191708411
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199225804.003.0016
- Subject:
- Law, Philosophy of Law, Employment Law
The moral ambivalence that the public feels towards white-collar crime is nowhere more apparent than in the case of obstruction of justice. In one high profile obstruction prosecution after another, ...
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The moral ambivalence that the public feels towards white-collar crime is nowhere more apparent than in the case of obstruction of justice. In one high profile obstruction prosecution after another, doubts have been raised as to whether what the defendant did was something that really deserves to be treated as a crime. This chapter presents a thoroughgoing analysis of the moral content of obstruction-type crimes, a comprehensive framework for thinking about such offenses that could be used across the board in a theoretically consistent manner to evaluate both the statutory treatment of whole categories of criminal behavior and the prosecution and punishment of individual cases.Less
The moral ambivalence that the public feels towards white-collar crime is nowhere more apparent than in the case of obstruction of justice. In one high profile obstruction prosecution after another, doubts have been raised as to whether what the defendant did was something that really deserves to be treated as a crime. This chapter presents a thoroughgoing analysis of the moral content of obstruction-type crimes, a comprehensive framework for thinking about such offenses that could be used across the board in a theoretically consistent manner to evaluate both the statutory treatment of whole categories of criminal behavior and the prosecution and punishment of individual cases.
Joe McGrath
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9780719090660
- eISBN:
- 9781781708378
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719090660.003.0001
- Subject:
- Sociology, Law, Crime and Deviance
This introduces the reader to the argument in this monograph. It outlines the need for this project by locating it within the existing literature on corporate and white-collar crime and regulatory ...
More
This introduces the reader to the argument in this monograph. It outlines the need for this project by locating it within the existing literature on corporate and white-collar crime and regulatory jurisprudence. Finally, it briefly summarises the structure of the monograph.Less
This introduces the reader to the argument in this monograph. It outlines the need for this project by locating it within the existing literature on corporate and white-collar crime and regulatory jurisprudence. Finally, it briefly summarises the structure of the monograph.
Joe McGrath
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9780719090660
- eISBN:
- 9781781708378
- Item type:
- book
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719090660.001.0001
- Subject:
- Sociology, Law, Crime and Deviance
This is the first definitive examination of the practice of corporate regulation and enforcement from the foundation of the Irish State to the present day. It analyses the transition in Ireland from ...
More
This is the first definitive examination of the practice of corporate regulation and enforcement from the foundation of the Irish State to the present day. It analyses the transition in Ireland from a sanctioning, ‘command and control’ model of corporate enforcement to the compliance-orientated, responsive regulatory model. It is also unique in locating this shift in its broader sociological and jurisprudential context. It provides a definitive account of a State at a critical stage of its economic development, having moved from an agrarian and protected society to a free-market globalised economy which is trying to cope with the negative aspects of increased corporate activity, having experienced an economic boom and depression in a remarkably condensed period of time. Traditionally, corporate wrongdoing was often criminalised using conventional criminal justice methods and the ordinary police were often charged with the responsibility of enforcing the law. Since the 1990s, however, the conventional crime monopoly on corporate deviancy has become fragmented because a variety of specialist, interdisciplinary agencies with enhanced powers now address corporate wrongdoing. The exclusive dominance of conventional crime methods has also faded because corporate wrongdoing is now specifically addressed by a responsive enforcement architecture, taking compliance orientated and sanctioning approaches, using both civil and criminal enforcement mechanisms, where criminal law is now the sanction of last resort.Less
This is the first definitive examination of the practice of corporate regulation and enforcement from the foundation of the Irish State to the present day. It analyses the transition in Ireland from a sanctioning, ‘command and control’ model of corporate enforcement to the compliance-orientated, responsive regulatory model. It is also unique in locating this shift in its broader sociological and jurisprudential context. It provides a definitive account of a State at a critical stage of its economic development, having moved from an agrarian and protected society to a free-market globalised economy which is trying to cope with the negative aspects of increased corporate activity, having experienced an economic boom and depression in a remarkably condensed period of time. Traditionally, corporate wrongdoing was often criminalised using conventional criminal justice methods and the ordinary police were often charged with the responsibility of enforcing the law. Since the 1990s, however, the conventional crime monopoly on corporate deviancy has become fragmented because a variety of specialist, interdisciplinary agencies with enhanced powers now address corporate wrongdoing. The exclusive dominance of conventional crime methods has also faded because corporate wrongdoing is now specifically addressed by a responsive enforcement architecture, taking compliance orientated and sanctioning approaches, using both civil and criminal enforcement mechanisms, where criminal law is now the sanction of last resort.
STUART P GREEN
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199225804
- eISBN:
- 9780191708411
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199225804.003.0012
- Subject:
- Law, Philosophy of Law, Employment Law
The focus in Part II has been on the various distinct ways in which people commit wrongful acts. The attempt has been to think about each kind of wrong in isolation — separated both from harms and ...
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The focus in Part II has been on the various distinct ways in which people commit wrongful acts. The attempt has been to think about each kind of wrong in isolation — separated both from harms and one another. But it is important to recognize that such concepts are not wholly separable, and that there is in fact a potential for overlap among them. The chapter focuses on the nature of such overlap.Less
The focus in Part II has been on the various distinct ways in which people commit wrongful acts. The attempt has been to think about each kind of wrong in isolation — separated both from harms and one another. But it is important to recognize that such concepts are not wholly separable, and that there is in fact a potential for overlap among them. The chapter focuses on the nature of such overlap.
Donald Palmer
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199573592
- eISBN:
- 9780191738715
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199573592.001.0001
- Subject:
- Business and Management, Organization Studies, Corporate Governance and Accountability
Normal Organizational Wrongdoing critically reviews theory and research on wrongdoing in and of organizations, focusing on the individual level of analysis. The book considers a wide ...
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Normal Organizational Wrongdoing critically reviews theory and research on wrongdoing in and of organizations, focusing on the individual level of analysis. The book considers a wide variety of organizational misconduct, including corporate crime, white-collar crime, unethical behaviour, and socially irresponsible behaviour. It begins by developing an overarching framework for classifying existing theories of organizational wrongdoing. Then it uses this framework to guide its presentation, evaluation, and extension of theories currently in use in the field. The overarching framework distinguishes between two broad classes of theories of wrongdoing; one, shared by most students of wrongdoing, considers wrongdoing an abnormal phenomenon and the other, championed by the author, considers wrongdoing a normal occurrence. Two existing explanations of wrongdoing, the rational choice and culture accounts, fall into the former category. Four existing theories, the administrative system, situational social influence, power structure, and accidental accounts, fall into the latter category. One current theory, the behavioural decision account, serves as a bridge between the two approaches. The book's overarching framework also suggests the need for an eighth explanation of organizational wrongdoing that has largely been overlooked to this point, the social control account. The theoretical arguments advanced in the book are illustrated by rich case studies of instances of organizational wrongdoing. The book concludes with a discussion of the practical implications that the theory reviewed and developed in the book holds for those seeking to curb wrongdoing in and of organizations.Less
Normal Organizational Wrongdoing critically reviews theory and research on wrongdoing in and of organizations, focusing on the individual level of analysis. The book considers a wide variety of organizational misconduct, including corporate crime, white-collar crime, unethical behaviour, and socially irresponsible behaviour. It begins by developing an overarching framework for classifying existing theories of organizational wrongdoing. Then it uses this framework to guide its presentation, evaluation, and extension of theories currently in use in the field. The overarching framework distinguishes between two broad classes of theories of wrongdoing; one, shared by most students of wrongdoing, considers wrongdoing an abnormal phenomenon and the other, championed by the author, considers wrongdoing a normal occurrence. Two existing explanations of wrongdoing, the rational choice and culture accounts, fall into the former category. Four existing theories, the administrative system, situational social influence, power structure, and accidental accounts, fall into the latter category. One current theory, the behavioural decision account, serves as a bridge between the two approaches. The book's overarching framework also suggests the need for an eighth explanation of organizational wrongdoing that has largely been overlooked to this point, the social control account. The theoretical arguments advanced in the book are illustrated by rich case studies of instances of organizational wrongdoing. The book concludes with a discussion of the practical implications that the theory reviewed and developed in the book holds for those seeking to curb wrongdoing in and of organizations.
