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Book part
Publication date: 1 January 2014

Brandon Chase

Guided by Ericson’s counter-law analytic, the focus of this paper is how peace bonds erode traditional criminal law principles to govern uncertainty and provide applicants with a…

Abstract

Guided by Ericson’s counter-law analytic, the focus of this paper is how peace bonds erode traditional criminal law principles to govern uncertainty and provide applicants with a “freedom from fear” (Ericson, 2007a). Peace bonds permit the courts to impose a recognizance on anyone likely to cause harm or “personal injury” to a complainant. This paper conducts a critical discourse analysis to answer the question: how and to what extent are peace bonds a form of counter-law? Facilitated by the erosion of traditional criminal law principles and rationalized under a precautionary logic, proving that a complainant is fearful through a peace bond can result in the expansion of the state’s capacity to criminalize and conduct surveillance.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78350-785-6

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Abstract

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The Citizen and the State
Type: Book
ISBN: 978-1-78973-040-1

Book part
Publication date: 22 May 2015

Angus Nurse

While corporations may embrace the concepts of social and environmental responsibility, numerous examples exist to show corporations claiming to act sustainably and responsibly…

Abstract

Purpose

While corporations may embrace the concepts of social and environmental responsibility, numerous examples exist to show corporations claiming to act sustainably and responsibly, while simultaneously showing disregard for the communities in which they operate and causing considerable environmental damage.

This chapter argues that such activities illustrate a particular notion of Baumol’s (1990) criminal entrepreneurialism where both creative and constructive compliance combine to subvert environmental regulation and its enforcement.

Design/methodology/approach

This chapter employs a case study approach assessing the current corporate environmental responsibility landscape against the reality of corporate environmental offending. Its case study shows seemingly repeated environmental offending by Shell Oil against a backdrop of the company claiming to have integrated environmental monitoring and scrutiny into its operating procedures.

Findings

The chapter concludes that corporate assertion of environmental credentials is itself often a form of criminal entrepreneurship where corporations embrace voluntary codes of practice and self-regulation while internally promoting the drive for success and profitability and/or avoidance of the costs of true environmental compliance deemed too high. As a result, this chapter argues that responsibility for environmental damage requires regulation to ensure corporate responsibility for environmental damage.

Originality/value

The chapter employs a green criminological perspective to its analysis of corporate social responsibility and entrepreneurship. Thus, it considers not only just strict legal definitions of crime and criminal behaviour but also the overlap between the legal and the illegal and the preference of governments to use administrative or civil penalties as tools to deal with corporate environmental offending.

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Exploring Criminal and Illegal Enterprise: New Perspectives on Research, Policy & Practice
Type: Book
ISBN: 978-1-78441-551-8

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Book part
Publication date: 17 September 2012

William T. Lyons and Lisa L. Miller

Like popularized stories amplifying the dangers associated with stranger-predator street crime, immigrant-as-criminal narratives are as widespread as they are inconsistent with…

Abstract

Like popularized stories amplifying the dangers associated with stranger-predator street crime, immigrant-as-criminal narratives are as widespread as they are inconsistent with the best available data. A growing body of research suggests that immigration not only does not increase crime, it may reduce it. Building on what Scheingold referred to as political criminology, our analysis suggests that the continued salience of immigrant-as-criminal narratives tells us more about politics and power, the symbolic life of the law, and the multifaceted importance of proximity to understanding debates about crime and punishment, than it tells us about how to construct more effective immigration or crime control policies.

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Special Issue: The Legacy of Stuart Scheingold
Type: Book
ISBN: 978-1-78190-344-5

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Crime and Human Rights
Type: Book
ISBN: 978-0-85724-056-9

Book part
Publication date: 9 August 2023

Aidan O’Sullivan

This chapter analyses the degree to which the UK Higher Education (UKHE) Sector can offer spaces for students to critically reflect on topics relevant to activist criminology such…

Abstract

This chapter analyses the degree to which the UK Higher Education (UKHE) Sector can offer spaces for students to critically reflect on topics relevant to activist criminology such as zemiology or abolitionism as opposed to constructing the criminal justice system (CJS) as a natural solution for crimes and social harms. This chapter argues for the importance of this topic due to deepening institutional links between universities and criminal justice agencies in the name of professionalisation for the latter (Hallenberg & Cockroft, 2017). This chapter proposes that to avoid criminology curricula merely reproducing the priorities and solutions of the CJS, it should turn to the liberatory pedagogy of Paolo Freire (1996). This includes teaching practices to encourage recognition of social movements and resistance against harms of states, corporations, or the CJS as legitimate foci in the criminology curriculum.

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The Emerald International Handbook of Activist Criminology
Type: Book
ISBN: 978-1-80262-199-0

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Content available
Book part
Publication date: 1 August 2023

Julie Stubbs, Sophie Russell, Eileen Baldry, David Brown, Chris Cunneen and Melanie Schwartz

Abstract

Details

Rethinking Community Sanctions
Type: Book
ISBN: 978-1-80117-641-5

Book part
Publication date: 18 January 2021

Marian Duggan

In England and Wales, legislation pertaining to hate crime recognizes hostility based on racial identity, religious affiliation, sexual orientation, disability or transgender…

Abstract

In England and Wales, legislation pertaining to hate crime recognizes hostility based on racial identity, religious affiliation, sexual orientation, disability or transgender identity. Discussions abound as to whether this legislation should also recognize hostility based on gender or misogyny. Taking a socio-legal analysis, the chapter examines hate crime, gender-based victimization and misogyny alongside the impact of victim identity construction, access to justice and the international nature of gendered harm. The chapter provides a comprehensive investigation of gender-based victimization in relation to targeted hostility to assess the potential for its inclusion in hate crime legislation in England and Wales.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-80071-221-8

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Article
Publication date: 7 March 2019

Michel Vols and Alexandre Copeland Belloir

In 2011, Dutch municipalities requested supplementary legal enforcement instruments to tackle rogue landlords and substandard housing. The national government implemented new…

Abstract

Purpose

In 2011, Dutch municipalities requested supplementary legal enforcement instruments to tackle rogue landlords and substandard housing. The national government implemented new legislation granting municipalities’ local authorities more legal instruments in 2015. The purpose of this paper is to evaluate the application and effectiveness of these instruments.

Design/methodology/approach

Using both quantitative and qualitative (legal) empirical research methods, this study establishes the frequency these instruments are used and the manner they are applied in practice to determine their role in limiting abusive practices of rogue landlords.

Findings

By comparing legislation and policies with their enforcement, the authors pinpoint differences between the law in the books and the law in practice and argue that the legal instruments have a stronger effect on the informal power than on formal power of local authorities. Moreover, the paper shows that the shift of responsibility from the Public Prosecutions Office to local authorities has left the Public Prosecutions Office disinterested, feeling that it no longer has to deal with substandard housing violations at all, therefore leaving the repeat offenders free to continue their activities with minor consequences.

Originality/value

The paper presents original data on the ways governments address substandard housing and rogue landlords. This is the first study that analyses the fight against substandard housing in the Dutch context. Although centred on legislation and procedures in The Netherland, the paper’s findings are relevant in other jurisdictions facing similar issues.

Details

Journal of Property, Planning and Environmental Law, vol. 11 no. 1
Type: Research Article
ISSN: 2514-9407

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Book part
Publication date: 9 August 2023

Becka Hudson

Inquiries, commissions, reviews and the promise of broader data collection about racial and gender disparities are now the reflex defensive responses from state institutions…

Abstract

Inquiries, commissions, reviews and the promise of broader data collection about racial and gender disparities are now the reflex defensive responses from state institutions charged with grievous social harm, particularly in the UK. Recommendations from these exercises are rarely implemented. As criminologists, our ability to produce and analyse data that evidences or better illuminates social harm has long been a key offer of the discipline to activism.

How are we to respond to the very institutions activist criminologists seek to challenge immediately offering this very activity, invariably protracted and ineffectual, as a reflex response to activist challenge? This chapter explores this tension. Grounded in the work of groups struggling to end police stop and search, it considers the strategy impasse around research and data production that faces grassroots activists and their accomplice researchers. The chapter proposes new routes for collaboration and action across activist and criminologist communities that may help move past the ‘data trap’. In short, it seeks to answer: do activists need more evidence?

Details

The Emerald International Handbook of Activist Criminology
Type: Book
ISBN: 978-1-80262-199-0

Keywords

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