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Instrumental and expressive governance: corporate and white-collar crime in contemporary society

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This paper analyses the evolution and enforcement of corporate and white collar criminal liability in contemporary societies. It analyses the Irish transition from a conventional crime, sanctioning model of criminal… Click to show full abstract

This paper analyses the evolution and enforcement of corporate and white collar criminal liability in contemporary societies. It analyses the Irish transition from a conventional crime, sanctioning model of criminal justice to a much more sophisticated model, which combines both compliance and sanctioning approaches, in which criminal punishment is now often a last resort. It also traces the shared American and British regulatory experiences, noting common features of corporate and white collar criminal justice in these jurisdictions. The approach is thematic, exploring: the implications of increased commercialisation for regulatory reform; the fragmentation of the State monopolies in corporate criminal justice; the utilisation of regulatory crime mechanisms for instrumental purposes; increased/over-criminalisation but with criminal law as the sanction of law resort; and the politicisation of business wrongdoing as a generative force for “expressive” enforcement.

Keywords: corporate white; instrumental expressive; white collar; expressive governance; criminal justice; crime

Journal Title: Law and Financial Markets Review
Year Published: 2017

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