To Punish or Persuade PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download To Punish or Persuade PDF full book. Access full book title To Punish or Persuade by John Braithwaite. Download full books in PDF and EPUB format.
Author: John Braithwaite
Publisher: SUNY Press
ISBN: 9780873959315
Category : Law
Languages : en
Pages : 226
Get Book Here
Book Description
In To Punish or Persuade, John Braithwaite declares that coal mine disasters are usually the result of corporate crime. He surveys 39 coal mine disasters from around the world, including 19 in the United States since 1960, and concludes that mine fatalities are usually not caused by human error or the unstoppable forces of nature. He shows that a combination of punitive and educative measures taken against offenders can have substantial effects in reducing injuries to miners. Braithwaite not only develops a model for determining the optimal mix of punishment and persuasion to maximize mine safety, but provides regulatory agencies in general with a model for mixing the two strategies to ensure compliance with the law. To Punish or Persuade looks at coal mine safety in the United States, Great Britain, Australia, France, Belgium, and Japan. It examines closely the five American coal mining companies with the best safety performance in the industry: U.S. Steel, Bethlehem Steel, Consolidation Coal Company, Island Creek Coal Company, and Old Ben Coal Company. It also takes a look at the safety record of unionized versus non-unionized mines and how safety regulation enforcement impacts productivity.
Author: John Braithwaite
Publisher: SUNY Press
ISBN: 9780873959315
Category : Law
Languages : en
Pages : 226
Get Book Here
Book Description
In To Punish or Persuade, John Braithwaite declares that coal mine disasters are usually the result of corporate crime. He surveys 39 coal mine disasters from around the world, including 19 in the United States since 1960, and concludes that mine fatalities are usually not caused by human error or the unstoppable forces of nature. He shows that a combination of punitive and educative measures taken against offenders can have substantial effects in reducing injuries to miners. Braithwaite not only develops a model for determining the optimal mix of punishment and persuasion to maximize mine safety, but provides regulatory agencies in general with a model for mixing the two strategies to ensure compliance with the law. To Punish or Persuade looks at coal mine safety in the United States, Great Britain, Australia, France, Belgium, and Japan. It examines closely the five American coal mining companies with the best safety performance in the industry: U.S. Steel, Bethlehem Steel, Consolidation Coal Company, Island Creek Coal Company, and Old Ben Coal Company. It also takes a look at the safety record of unionized versus non-unionized mines and how safety regulation enforcement impacts productivity.
Author: John Braithwaite
Publisher: State University of New York Press
ISBN: 0791497372
Category : Political Science
Languages : en
Pages : 226
Get Book Here
Book Description
In To Punish or Persuade, John Braithwaite declares that coal mine disasters are usually the result of corporate crime. He surveys 39 coal mine disasters from around the world, including 19 in the United States since 1960, and concludes that mine fatalities are usually not caused by human error or the unstoppable forces of nature. He shows that a combination of punitive and educative measures taken against offenders can have substantial effects in reducing injuries to miners. Braithwaite not only develops a model for determining the optimal mix of punishment and persuasion to maximize mine safety, but provides regulatory agencies in general with a model for mixing the two strategies to ensure compliance with the law. To Punish or Persuade looks at coal mine safety in the United States, Great Britain, Australia, France, Belgium, and Japan. It examines closely the five American coal mining companies with the best safety performance in the industry: U.S. Steel, Bethlehem Steel, Consolidation Coal Company, Island Creek Coal Company, and Old Ben Coal Company. It also takes a look at the safety record of unionized versus non-unionized mines and how safety regulation enforcement impacts productivity.
Author: Ian Ayres
Publisher: Oxford University Press
ISBN: 0199879958
Category : Law
Languages : en
Pages : 216
Get Book Here
Book Description
This book transcends current debate on government regulation by lucidly outlining how regulations can be a fruitful combination of persuasion and sanctions. The regulation of business by the United States government is often ineffective despite being more adversarial in tone than in other nations. The authors draw on both empirical studies of regulation from around the world and modern game theory to illustrate innovative solutions to this problem. Their ideas include an argument for the empowerment of private and public interest groups in the regulatory process and a provocative discussion of how the government can support and encourage industry self-regulation.
Author: John Braithwaite
Publisher: Oxford University Press, USA
ISBN: 0195158393
Category : Business & Economics
Languages : en
Pages : 334
Get Book Here
Book Description
Braithwaite's argument against punitive justice systems and for restorative justice systems establishes that there are good theoretical and empirical grounds for anticipating that well designed restorative justice processes will restore victims, offenders, and communities better than existing criminal justice practices. Counterintuitively, he also shows that a restorative justice system may deter, incapacitate, and rehabilitate more effectively than a punitive system. This is particularly true when the restorative justice system is embedded in a responsive regulatory framework that opts for deterrence only after restoration repeatedly fails, and incapacitation only after escalated deterrence fails. Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.
Author: Peter Baldwin
Publisher: MIT Press
ISBN: 0262361493
Category : Political Science
Languages : en
Pages : 475
Get Book Here
Book Description
Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? Levels of violent crime have been in a steady decline for centuries--for millennia, even. Over the past five hundred years, homicide rates have decreased a hundred-fold. We live in a time that is more orderly and peaceful than ever before in human history. Why, then, does fear of crime dominate modern politics? Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? In Command and Persuade, Peter Baldwin examines the evolution of the state's role in crime and punishment over three thousand years. Baldwin explains that the involvement of the state in law enforcement and crime prevention is relatively recent. In ancient Greece, those struck by lightning were assumed to have been punished by Zeus. In the Hebrew Bible, God was judge, jury, and prosecutor when Cain killed Abel. As the state’s power as lawgiver grew, more laws governed behavior than ever before; the sum total of prohibited behavior has grown continuously. At the same time, as family, community, and church exerted their influences, we have become better behaved and more law-abiding. Even as the state stands as the socializer of last resort, it also defines through law the terrain on which we are schooled into acceptable behavior.
Author: Kikelomo O. Kila
Publisher: Taylor & Francis
ISBN: 1000648710
Category : Business & Economics
Languages : en
Pages : 246
Get Book Here
Book Description
This book critically analyses the prospects of overhauling the legal framework of climate change regulation of corporations in African state. It adopts the dilute interventionism regulatory framework to tackle the culture of regulatory resistance by corporations in Africa. Over the course of this volume, Kikelomo O. Kila critiques the climate change legal framework in all 53 African states and conducts an in-depth case study of the two largest economies in Africa – Nigeria and South Africa – to highlight the commonality of the problems in Africa and the potential for the dilute interventionism paradigm to significantly address these problems. The book establishes why African states should directly intervene through legislative mechanisms to compel corporations to incorporate climate change mitigation in their business activities. It proposes that this direct intervention should comprise a blend of prescriptive and facilitative mechanisms structured in a dilute interventionism regulatory model. Overall, this volume argues that implementing this model requires the institution of a strong and independent regulator with a veto firewall protection system that guarantees its de facto independence from government and external influences. Corporate Regulation for Climate Change Mitigation in Africa will be of great interest to climate change stakeholders at the international, regional, and domestic levels, policymakers, regulatory practitioners, and legal experts on corporate regulation. It will also be an insightful resource for students and scholars of climate change and environmental law, policy, and governance.
Author: Simon Halliday
Publisher: Hart Publishing
ISBN: 1841133884
Category : Law
Languages : en
Pages : 293
Get Book Here
Book Description
This collection of essays, written by a range of distinguished socio-legal scholars, explores human rights in domestic legal systems.
Author: John Braithwaite
Publisher: Routledge
ISBN: 1000160483
Category : Law
Languages : en
Pages : 385
Get Book Here
Book Description
This title was first published in 2000: John Braithwaite is a distinguished criminologist with an international reputation in the study of regulation and globalization. This collection contains his most important and influential essays in criminal justice and business regulation. It has a substantial introduction explaining the thematization of his work around the design of regulatory systems to maximize freedoms as non-domination.
Author: Karen Yeung
Publisher: Bloomsbury Publishing
ISBN: 1847312500
Category : Law
Languages : en
Pages : 306
Get Book Here
Book Description
Bargaining, negotiation and civil penalty sanctions together constitute central techniques used by regulators in securing compliance with the law. This book is a timely exploration of these practices, constructing a principled framework for evaluating their legitimacy and thereby drawing into sharper focus the importance of the constitutional principles in regulatory compliance. Although Australian competition law provides the focal point of the book, its analysis and critique is equally applicable to other competition law regimes and to other areas of business regulation. While there are numerous empirical studies of regulatory enforcement, this book introduces a normative dimension to the debate by seeking to identify whether there are certain principled and ethical limits that inform and circumscribe the limits of legitimate enforcement practice. It is likely to be of interest to scholars in the fields of public law, criminology, economics, and regulation, and may also be of considerable assistance to legal practitioners in providing a principled, legal foundation from which to draw in their dealings with regulators.
Author: R. A. Duff
Publisher: Oxford University Press
ISBN: 0190290390
Category : Law
Languages : en
Pages : 295
Get Book Here
Book Description
The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices.
