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Corporate manslaughter and regulator...
~
Almond, Paul, (1979-)
Corporate manslaughter and regulatory reform[electronic resource] /
紀錄類型:
書目-語言資料,印刷品 : Monograph/item
杜威分類號:
344.4104/65
書名/作者:
Corporate manslaughter and regulatory reform/ Paul Almond.
作者:
Almond, Paul,
出版者:
New York, NY : : Palgrave Macmillan,, c2013.
面頁冊數:
1 online resource.
標題:
Manslaughter - Great Britain.
標題:
Criminal liability of juristic persons - Great Britain.
標題:
Employers' liability - Great Britain.
標題:
Industrial safety - Law and legislation - Great Britain
標題:
Law reform - Great Britain.
標題:
LAW / Administrative Law & Regulatory Practice
ISBN:
9781137296276 (electronic bk.)
ISBN:
1137296275 (electronic bk.)
書目註:
Includes bibliographical references and index.
內容註:
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?".
摘要、提要註:
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.
電子資源:
http://www.palgraveconnect.com/doifinder/10.1057/9781137296276
Corporate manslaughter and regulatory reform[electronic resource] /
Almond, Paul,1979-
Corporate manslaughter and regulatory reform
[electronic resource] /Paul Almond. - New York, NY :Palgrave Macmillan,c2013. - 1 online resource.
Includes bibliographical references and index.
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?".
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.
ISBN: 9781137296276 (electronic bk.)
Source: 414856Palgrave Macmillanhttp://www.palgraveconnect.comSubjects--Topical Terms:
527327
Manslaughter
--Great Britain.Index Terms--Genre/Form:
336502
Electronic books.
LC Class. No.: KD7965 / .A96 2013
Dewey Class. No.: 344.4104/65
Corporate manslaughter and regulatory reform[electronic resource] /
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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?".
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