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Palgrave Macmillan

Corporate Manslaughter and Regulatory Reform

ISBN 9780230274525
Publication Date January 2013
Formats Hardcover Ebook (EPUB) Ebook (PDF) 
Publisher Palgrave Macmillan
Series Crime Prevention and Security Management

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.

PAUL ALMOND is a Senior Lecturer in Law at the University of Reading, UK. He completed his PhD at the University of Birmingham focusing on the enforcement of work-related fatality cases. He has subsequently published numerous journal articles about the enforcement of health and safety regulation.

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 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?"
Conclusions
Notes
Bibliography
Index

Reviews

"Almond seeks to 'explain and better understand contemporary trends towards the use of criminal law as a means for holding corporate bodies accountablefor work-related deaths'. This book offers an important contribution given the increasing dominance of corporations, especially multinational ones, in political, social, and economic spheres. While his analysis concentrates on
the United Kingdom, the United States, and to a lesser degree, Australia, Almond's consideration of corporate culpability is truly international." - Criminal Law and Criminal Justice
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