Atnaujinkite slapukų nuostatas

El. knyga: Criminality at Work

Edited by (Professor of Law, Exeter College, University of Oxford), Edited by (Professor of Labour Law, University of Bristol), Edited by (Emeritus Research Fellow, St John's College, University of Oxford), Edited by (Senior Lecturer in Law, University of Bristol)
  • Formatas: 544 pages
  • Išleidimo metai: 12-Mar-2020
  • Leidėjas: Oxford University Press
  • Kalba: eng
  • ISBN-13: 9780192573872
Kitos knygos pagal šią temą:
  • Formatas: 544 pages
  • Išleidimo metai: 12-Mar-2020
  • Leidėjas: Oxford University Press
  • Kalba: eng
  • ISBN-13: 9780192573872
Kitos knygos pagal šią temą:

DRM apribojimai

  • Kopijuoti:

    neleidžiama

  • Spausdinti:

    neleidžiama

  • El. knygos naudojimas:

    Skaitmeninių teisių valdymas (DRM)
    Leidykla pateikė šią knygą šifruota forma, o tai reiškia, kad norint ją atrakinti ir perskaityti reikia įdiegti nemokamą programinę įrangą. Norint skaityti šią el. knygą, turite susikurti Adobe ID . Daugiau informacijos  čia. El. knygą galima atsisiųsti į 6 įrenginius (vienas vartotojas su tuo pačiu Adobe ID).

    Reikalinga programinė įranga
    Norint skaityti šią el. knygą mobiliajame įrenginyje (telefone ar planšetiniame kompiuteryje), turite įdiegti šią nemokamą programėlę: PocketBook Reader (iOS / Android)

    Norint skaityti šią el. knygą asmeniniame arba „Mac“ kompiuteryje, Jums reikalinga  Adobe Digital Editions “ (tai nemokama programa, specialiai sukurta el. knygoms. Tai nėra tas pats, kas „Adobe Reader“, kurią tikriausiai jau turite savo kompiuteryje.)

    Negalite skaityti šios el. knygos naudodami „Amazon Kindle“.

From the Master and Servant legislation to the Factories Acts of the 19th century, the criminal law has always had a vital yet normatively complex role in the regulation of work relations. Even in its earliest forms, it operated both as a tool to repress collective organizations and enforce labour discipline, while policing the worst excesses of industrial capitalism. Recently, governments have begun to rediscover criminal law as a regulatory tool in a diverse set of areas related to labour law: 'modern slavery', penalizing irregular migrants, licensing regimes for labour market intermediaries, wage theft, supporting the enforcement of general labour standards, new forms of hybrid preventive orders, harassment at work, and industrial protest.

This volume explores the political and regulatory dimensions of the new 'criminality at work' from a wide range of disciplinary perspectives, including labour law, immigration law, and health and safety regulations. The volume provides an overview of the regulatory terrain of 'criminality at work', exploring whether these different regulatory interventions represent politically legitimate uses of the criminal law. The book also examines whether these recent interventions constitute a new pattern of criminalization that operates in preventive mode and is based upon character and risk-based forms of culpability. The volume concludes by reflecting upon the general themes of 'criminality at work' comparatively, from Australian, Canadian, and US perspectives.

Criminality at Work is a timely, rich and ambitious piece of scholarship that examines the many intersections between criminal law and work relations from a historical and contemporary vantage-point.

Recenzijos

This edited collection elegantly presents a comprehensive and multifaceted account of the modern intersection of work and criminal law ... This book will appeal to Common Law labour lawyers, criminal lawyers, and those interested in how the long-held norms of one area of the law can be found, applied, and even improved in another ... This "miscellany of legal curiosities" is a masterful curation of works which skilfully demonstrates the rich seams to be mined where criminal law and labour consolidate under political pressure to create "criminality at work". This book provides what I expect will be an enduring foundation for much scholarship to come. * Rhonda Wheate, University of Strathclyde, The Edinburgh Law Review *

List of Contributors
xvii
Introduction
1 Criminality at Work: A Framework for Discussion
3(32)
Alan Bogg
Mark Freedland
PART I CRIMINALITY AT WORK: MAPPING THE TERRAIN
2 Workplace Welfare and State Coercion
35(18)
G.R. Sullivan
A Introduction
35(4)
1 Social Democracy
35(2)
2 Why a Social Democratic Perspective?
37(1)
3 Social Democratic Criminal Law
37(2)
B Workers with no Right to Work
39(4)
C Physical Safety
43(3)
1 The Health and Safety at Work Act 1974
43(1)
2 Corporate Manslaughter
43(1)
3 Never Safe Enough: The Case of Boxing
44(2)
D Pay---The National Living Wage and Minimum Wages
46(7)
1 Enforcing the Living and Minimum Wage
47(1)
2 Employers Evading Paying the National Living Wage: Two Devices, Zero Hours Contracts; Working as an Independent Contractor
48(1)
3 Employees Colluding with Employers to Evade the National Living Wage
49(2)
4 Is the National Living Wage High Enough?
51(2)
3 Using Criminal Law to Enforce Statutory Employment Rights
53(17)
David Cabrelli
A Introduction
53(1)
B Charting the Criminal Enforcement of Statutory Employment Rights
54(3)
C The Notion of `Public Wrongs' in Criminal Law Theory
57(11)
1 Introduction
57(2)
2 Applying the Negative and Positive Versions of Public Wrongs Theory
59(3)
3 Public Wrongs Theory: Getting from the Positive to the Absolute
62(6)
D Conclusion
68(2)
4 Where Criminal Law Meets Labour Law: The Effectiveness of Criminal Sanctions to Enforce Labour Rights
70(27)
Catherine Barnard
Sarah Fraser Butlin
A Introduction
70(1)
B Defining the Powers
71(8)
1 Gangmasters and Labour Abuse Authority
72(2)
2 Employment Agencies and Employment Agency Standards Inspectorate (EASI)
74(1)
3 National Minimum Wage and the HMRC
75(2)
4 Working Time and the HSE
77(1)
5 Office of the Director of Labour Market Enforcement
78(1)
6 Preliminary Conclusions
79(1)
C Complexity of the Legal Response Created
79(4)
1 Strict Liability Offences
79(1)
2 Offences Requiring an Element of Mens Rea
80(1)
3 Breach of Order Offences
80(1)
4 Civil Liability Offences
81(1)
5 Summary Conclusions
82(1)
D Why Have Some Acts of Non-compliance Been Criminalized?
83(5)
1 The Political Choices
83(5)
E Effectiveness of Enforcement Action
88(4)
1 The Nature and Extent of Enforcement
88(4)
2 The Risk of Enforcement
92(1)
F Conclusions
92(5)
PART II LABOUR WRONGS AS PUBLIC WRONGS
5 Exploitation at Work: Beyond a `Criminalization' or `Regulatory Alternatives' Dichotomy
97(19)
Jennifer Collins
A Introduction
97(2)
B The Conceptual Framework
99(4)
1 Connections between `Exploitation' and `Work'
99(2)
2 What is Exploitation in Work Relations?
101(2)
3 What are the State's Obligations?
103(1)
C Limitations of Criminal Law Interventions
103(5)
1 `Internal' Limitations of Criminalization
104(2)
2 `External' Limitations of Criminalization
106(2)
D Criminalization and Regulatory Alternatives: A Key Juncture
108(2)
E Multidimensional Regulation: Further Principles and Constraints
110(5)
F Conclusion
115(1)
6 The Duty of Loyalty and the Scope of the Law of Fraud
116(18)
Hugh Collins
A Criminalization as an Additional Deterrent for Civil Wrongs
116(3)
B Fraudulent Omissions
119(4)
1 False or Misleading Representation
119(1)
2 Fraud by Failure to Disclose Information
120(1)
3 Fraud by Abuse of Position
121(2)
C Relational Contracts
123(2)
D Obligations of Disclosure in the Contract of Employment
125(4)
1 Mutual Trust and Confidence
126(1)
2 The Duty of Loyalty or Fidelity
127(2)
E Duties to Safeguard the Financial Interests of the Other Party
129(3)
F Over-criminalization?
132(2)
7 Wage Theft as a Legal Concept
134(17)
Sarah Green
A Introduction
134(1)
B What is `Wage Theft'?
134(1)
C Is `Wage Theft' Theft?
135(1)
D Is What the Employee Has Lost `Property' for the Purposes of the Theft Act 1968?
136(10)
E Wage Fraud
146(5)
8 The Criminalization of Workplace Harassment and Abuse: An Over-Personalized Wrong?
151(22)
Alan Bogg
Mark Freedland
A Introduction
151(1)
B The Negative Effect of the Criminalization of Workplace Harassment in its Present Form
152(4)
C The Over-personalization of Workplace Harassment as a Criminal Offence
156(3)
D Reform Proposals and the Role of the Criminal Law
159(4)
1 Regulatory Activity at the International Labour Organization
159(2)
2 Regulatory Activity in the House of Commons Women and Equalities Committee
161(2)
E Justifying a Role for Criminalization in Harassment Wrongs: The Role of Human Dignity
163(8)
1 Employer Duties and the Criminal Law
164(3)
2 Dignity and the Relationship between Criminal and Civil Law
167(2)
3 Dignity and the Role of Consent
169(2)
F Conclusion: Bargaining in the Shadow of the (Criminal) Law
171(2)
9 Sex, Work, and Criminalization
173(19)
Michelle Madden Dempsey
A Introduction
173(1)
B Conceptualizing Commercial Sex: From Sex Work to Modern Slavery
173(4)
1 Commercial Sex
174(1)
2 Sex Work
174(1)
3 Commercial Sexual Exploitation
175(1)
4 Modern Slavery
176(1)
C Commercial Sex as Labour: Three Philosophical Issues
177(4)
1 Commodification of Sex
177(1)
2 Commercial Sex and Structural Inequalities
178(2)
3 Commercial Sex and Adaptive Preferences
180(1)
D Criminalization and Commercial Sex
181(9)
1 Criminalization and Commercial Sex: A Normative Account
182(2)
2 Criminalization and `Commercial-Sex-as-Work'
184(2)
3 Criminalization and `Commercial-Sex-as-Exploitation'
186(1)
4 Criminalization and `Commercial-Sex-as-Modern-Slavery'
187(1)
5 Criminalization and `Commercial-Sex-as-Varied'
188(2)
E Conclusion
190(2)
10 The Work of Sex Work: Prostitution, Unfreedom, and Criminality at Work
192(18)
Katie Cruz
A Introduction
192(1)
B The Case for Decriminalization: Safety, Sex, and Work
193(5)
1 Safety and (De)criminalization
194(2)
2 Prostitution as Sex, Prostitution as Work
196(2)
C Prostitution as Work: Labour and Criminal Law
198(2)
D Capitalism, Unfreedom, and Criminal Law
200(6)
1 Exploitation and Alienation
200(3)
2 The Continuum of Unfreedom and Class Struggle
203(1)
3 History, Unfreedom, and Criminality at Work
204(2)
E Prostitution as Work and Criminality at Work
206(3)
F Conclusion: Prostitution as Work, Work and Freedom
209(1)
11 Human Rights, Labour Rights, and Criminal Wrongs
210(21)
Virginia Mantouvalou
A Introduction
210(1)
B Human Rights and Positive Duties
211(2)
C Criminalization of Breaches of Labour Rights
213(11)
1 Severe Labour Exploitation
214(3)
2 The Modern Slavery Act 2015
217(1)
3 Collective Labour Rights and Blacklisting
218(6)
D Overcriminalization/Exclusive Focus on Criminalization
224(4)
E Conclusion
228(3)
PART III THE CONTEMPORARY SHAPE OF CRIMINALIZATION PRACTICES: RISK, STATUS, AND CHARACTER IN THE NEOLIBERAL CRIMINAL LAW
12 The Preventive Role of the Criminal Law in Employment Relations
231(18)
Jennifer Collins
Andrew Ashworth
A Introduction
231(1)
B Offences of Omission
231(3)
C The Offence of Employing an Illegal Worker
234(6)
D The New Preventive Orders
240(7)
E Conclusions
247(2)
13 Licensing of Employing Entities and Criminalization
249(18)
A.C.L. Davies
A Introduction
249(1)
B Licensing
250(1)
C Licensing and the Criminal Law
251(3)
D Licensing in Employment Settings
254(9)
1 Gangmasters and Labour Abuse Authority
255(2)
2 Employment Agencies and Businesses
257(3)
3 Evaluation
260(3)
E Licensing and the Criminal Law in Employment Settings
263(2)
F Conclusion
265(2)
14 Criminalizing Care Workers: A Critique of Prosecution for Ill-treatment or Wilful Neglect
267(24)
L.J.B. Hayes
A Introduction
267(2)
B A Workers' Crime
269(1)
C A Crime against Caring
270(3)
D Ontological Confusion
273(1)
E Care Worker Prosecution
274(5)
1 Ill-treatment and Wilful Neglect in the Courts
274(2)
2 In the Context of Social Care Work
276(1)
3 Erasing Employment Relations
277(2)
F Problems of Abuse in Care Settings
279(10)
1 The Organizational Dynamics of Abuse
282(2)
2 Training and the Regulation of Conduct
284(3)
3 The Making of Section 20 Criminal Justice and Courts Act 2015
287(2)
G Conclusion
289(2)
15 The Medical Professional as Special before the Criminal Law
291(18)
Suzanne Ost
A Introduction
291(1)
B The Criminal Law and the Doctor's Exculpatory and Influential Professional Role
292(4)
C The Particular Criminal Liability that the Doctor's Professional Role Attracts
296(5)
D Arguments Supporting the Criminal Law's Special Treatment
301(3)
1 Providing Doctors with Special Protection from the Criminal Law is Appropriate Because of the Nature of their Professional Role
301(1)
2 The Special Attention of the Criminal Law is Required to Protect Patients Because of the Nature of the Doctor--Patient Relationship
302(1)
3 The Special Attention of the Criminal Law is Required to Address What are Perceived to be Both Private and Public Wrongs
302(2)
E Concluding Thoughts
304(5)
16 Victim or Perpetrator? The Criminalization of Migration and the Idea of `Harm' in the Labour Market Context
309(18)
Cathryn Costello
A Introduction
309(2)
B Regulating Immigration---Migration Control and Migration Status
311(5)
1 Immigration Law's Selectivity and Global Inequality of Migration Statuses
311(1)
2 The Exclusion of Refugees from Regular Migration Opportunities
312(2)
3 States' Generation of Illegality
314(1)
4 Immigration Law Enforcement
315(1)
C The Criminalization of Migration
316(8)
1 Where's the Harm?
316(3)
2 Mala Prohibita? Immigration Regulations and Regulatory Crimes
319(3)
3 Wrongfulness---Defences for the Blameless---Refugees and Victims of Trafficking
322(2)
D Some Consequences of Criminalization
324(2)
1 Criminalization Begets Criminalization
324(1)
2 Criminalization Blocks Regularization
325(1)
E Conclusion
326(1)
17 Doing the Dirty Job: Labour at the Intersections of Criminal Law and Immigration Controls
327(16)
Ana Aliverti
A Introduction
327(2)
B Criminal Law as an Institution
329(2)
C Historicizing Criminalization: Labour Market, Sovereignty, and Criminal Law (Late Eighteenth Century to 1900s)
331(3)
D Labour Protection, Citizenship, and Criminalization (early 1900s until 1980s)
334(3)
E Neoliberalism, Labour Deregulation, and Criminalization (1980s to Present)
337(4)
F Conclusion
341(2)
18 Modern Slavery, Domestic Work, and the Criminal Law
343(19)
Jonathan Herring
A Introduction
343(1)
B Background to the Modern Slavery Act 2015
343(1)
C Summary of the Legislation
344(6)
1 The Section 1 Offence
345(2)
2 Defence for Slavery or Trafficked Victims
347(1)
3 The Independent Anti-Slavery Commissioner
348(1)
4 The Modern Slavery Act: An Assessment
349(1)
D Terminology
350(4)
E Domestic Labour
354(7)
1 Feminist Analysis of the Nature of Housework
355(3)
2 Modern Slavery and Domestic Abuse
358(2)
3 Slavery, Domestic Abuse, and Patriarchy
360(1)
F Conclusion
361(1)
19 The Persistence of Criminal Law and Police in Collective Labour Relations
362(29)
Alan Bogg
K.D. Ewing
Andrew Moretta
A Introduction
362(2)
B The Late Eighteenth and Nineteenth Centuries up to the Conspiracy and Protection of Property Act 1875: The `Classical' Repression Phase
364(4)
C From Public Wrongs to Private Rights
368(3)
D The Continuing Presence of the Criminal Law
371(4)
E From Normal Law to Emergency Regulations
375(4)
F From Emergency to Reserve Powers: The Miners' Strike 1984--85
379(4)
G Trade Unions in the Shadow of `Enemy' Criminal Law
383(3)
H Conclusion
386(5)
PART IV CRIMINALIZATION AND ENFORCEMENT
20 Workplace Safety and Criminalization: A Double-edged Sword
391(18)
Paul Almond
A Introduction
391(1)
B Criminalizing Safety I: Health and Safety Offences
392(3)
C Criminalizing Safety II: Corporate Manslaughter
395(4)
D The Corporate Manslaughter Offence in Practice
399(2)
E Criminalization and Context-dependency
401(2)
F Context-dependency in Practice
403(3)
G Conclusion: Criminalization and the Regulatory Project
406(3)
21 The Criminalization of Health and Safety at Work
409(22)
Michael Ford
A Introduction
409(3)
B Health and Safety Law and Criminalization
412(5)
C The Health and Safety at Work etc Act 1974
417(4)
D The New Direction of Recent Policy
421(4)
E The Working Time Directive and Regulations
425(4)
F Conclusion
429(2)
22 Accessory Liability for National Minimum Wage Violations in the Fissured Workplace
431(24)
Alan Bogg
Paul S. Davies
A Enforcement in Crisis: The Limits of Primary Liability
431(2)
B Enforcement Strategies in the `Fissured' Labour Market
433(7)
C The Structure of Criminal Accessory Liability
440(5)
D Broadening Liability: Lessons from Australia
445(4)
E Conclusion
449(6)
PART V COMPARATIVE PERSPECTIVES ON CRIMINALIZATION
23 Class Crimes: Master and Servant Laws and Factories Acts in Industrializing Britain and (Ontario) Canada
455(19)
Eric Tucker
Judy Fudge
A Introduction
455(1)
B The Role and Function of the Criminal Law
456(2)
C Master and Servant Law: Disciplining Workers
458(6)
1 England
458(5)
2 Canada (Ontario)
463(1)
D Factory Acts
464(8)
1 U.K.
464(5)
2 Canada (Ontario)
469(3)
E Conclusion
472(2)
24 Criminalization, Social Exclusion, and Access to Employment
474(22)
Marilyn J. Pittard
A Introduction
474(1)
B Context, Background, and Themes
474(3)
C Use of Criminal Record Information in Employment Decisions
477(2)
D Formal Sources of Information on Criminal Backgrounds of Job Applicants
479(1)
E Policy and Areas Legislatures Carve Out to Support Certain Criminal Record Checks
479(2)
1 Protecting Vulnerable Groups
480(1)
2 Professional Employees
481(1)
F Ex-offenders as Actors in the Labour Market and in Society
481(3)
G Employment and Recidivism
484(2)
H Employment and Social Inclusion and Exclusion
486(1)
I Legal Intervention to Assist the Vulnerable Job Seeker with a Criminal Record
487(4)
1 Spent Conviction or Clean Slate Legislation
488(1)
2 Anti-discrimination Legislation
488(1)
3 Other Legislative Protections
489(2)
J Adequacy of Legislative Intervention
491(1)
K Employment, Unfair Dismissal Legislation, and Criminal Behaviour
491(2)
L Impact of Informal Sources of Information about a Person's Conduct on Employment
493(2)
M Concluding Comments---The Need for Continuing Law Reform
495(1)
25 The Carceral State at Work: Exclusion, Coercion, and Subordinated Inclusion
496(20)
Noah D. Zatz
A Introduction
496(1)
B Subordinated Inclusion: Frameworks and Foils
497(3)
C The Carceral State and Labour Market Exclusion
500(3)
D Intermediate Steps: Prison Labour, Channelling, and Wage Penalties
503(2)
E The Carceral State and Labour Coercion Outside of Prison
505(3)
F From Double Binds to Subordinated Inclusion
508(5)
G Conclusion
513(3)
26 Restorative Regulation of Criminality at Work in Canada: Workplace Safety, Penal Law, and Human Capability Enhancement
516(19)
Bruce P. Archibald
A Introduction
516(1)
B Penal Law and Worker Protective Regulation: Labour Standards and Occupational Safety
517(7)
1 Statutory Labour Standards for Worker Protection
517(1)
2 Earlier Criminal Law Regimes and Workplace Safety
518(2)
3 The Westray Disaster: A Catalyst for Penal Reform of Workplace Regulation
520(1)
4 Workplace-related Reform of the Criminal Code
521(2)
5 Reform of Specific Occupational Health and Safety Regimes
523(1)
C Human Capability Development via Penal Sentencing and Restorative Workplace Approaches
524(9)
1 Sentencing, the General Part of Criminal Law, and Human Capacity
524(2)
2 Capabilities Approaches and Labour Market Regulation
526(2)
3 Sentencing Reform and Capability Enhancement
528(2)
4 Human Capabilities and Restorative Approaches to Workplace Safety Offences
530(3)
D Conclusion
533(2)
Index 535
Professor Alan Bogg's academic career started at the University of Birmingham, where he was a lecturer between 2000 and 2003. He was then elected as a Law Fellow at Hertford College, Oxford, lecturing at the Faculty of Law, University of Oxford. He was a Professor of Labour Law at the University of Oxford until July 2017, and Senior Tutor at Hertford College. He is currently an Emeritus Fellow at Hertford College, Oxford, and teaches law at the University of Bristol as a Professor of Labour Law since July 2017.



Dr Jennifer Collins is a Senior Lecturer in Law at the University of Bristol, having joined the Law School as a Lecturer in 2014. Prior to herappointment at Bristol, she lectured at St Peter's College, Oxford, from 2011 until 2014. She read Law as an Undergraduate and Postgraduate at the University of Oxford, reading for a BA in Law, the Bachelor in Civil Law, and a DPhil in Law.

Professor Mark Freedland's academic career has been spent at the University of Oxford, in which he was until 2012 Professor of Employment Law and a Law Fellow of St John's College. He is currently Emeritus Professor of Employment Law at the University of Oxford, Emeritus Research Fellow of St John's College Oxford, and also an Honorary Professor in the Faculty of Laws of University College London where he was originally a student. In 2000, he was made Docteur honoris causa, University of Paris II (Pantheon-Assas); in 2002, he was elected as a Fellow of the British Academy (FBA); in 2013, he was appointed as a Queen's Counsel Honoris Causa (QC (Hon)).

Professor Jonathan Herring is currently Professor of Law and DW Wolfe-Clarendon Fellow at Exeter College, University of Oxford. Previously, he was a Fellow in Law at New Hall, Cambridge.