Corporate Crime and Republican Criminological Praxis (From Corporate Crime: Contemporary Debates, P 48-71, 1995, Frank Pearce and Laureen Snider, eds. - See NCJ-160666)

• NCJ Number: 160667
• Author(s): J Braithwaite
• Date Published: 1995
• Length: 24 pages
• Sale Source: University of Toronto Press
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Canada

Annotation

This discussion of responses to corporate crime focuses on the potential of national policies in Australia to challenge and control this kind of crime.

Abstract

The discussion argues that a new republicanism is emerging in Australia, and perhaps in New Zealand and Canada as well, which reflects a resurgence of civility, notions of fairness, and a linking of power and privilege to accompany obligations. This new republicanism is distinct from liberal legal individualism, which gives higher priority to rights and individuals than to duties and communities. The discussion also concludes that the most useful strategy escalates from initial persuasion to deterrence to incapacitation; incapacitation consists of the loss of the license to operate rather than incarceration. The compliance technique to be used is one of dialogue with offenders and their victims, bringing offenders face to face with the consequences of their deeds, rather than emphasizing threats, confrontation, and resulting loss of face. Three case studies illustrate the potential and the achievements of this model. They include the nursing home standards, carpet industry advertising, and insurance industry misrepresentation to Aboriginal people. Notes