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NCJRS Abstract

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NCJ Number: 160667 Find in a Library
Title: Corporate Crime and Republican Criminological Praxis (From Corporate Crime: Contemporary Debates, P 48-71, 1995, Frank Pearce and Laureen Snider, eds. - See NCJ-160666)
Author(s): J Braithwaite
Date Published: 1995
Page Count: 24
Sponsoring Agency: University of Toronto Press
Toronto, Ontario M4Y 2W8, Canada
Sale Source: University of Toronto Press
Marketing Manager
10 St. Mary Street
Suite 700
Toronto, Ontario M4Y 2W8,
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
Main Term(s): Criminology
Index Term(s): Australia; Civil remedies; Corporate crimes; Corporate criminal liability; Crime in foreign countries; Legal doctrines; Regulations compliance
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