Product Description
Table of Contents
Additional Information
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.
Introduction 1. Criminality at Work: A Framework for Discussion, Alan Bogg and Mark Freedland Part I: Criminality at Work: Mapping the Terrain 2. Workplace Welfare and State Coercion, GR Sullivan 3. Using Criminal Law to Enforce Statutory Employment Rights, David Cabrelli 4. Where Criminal Law Meets labour law: The Effectiveness of Criminal Sanctions to Enforce Labour Rights, Catherine Barnard and Sarah Fraser Butlin Part II: Labour Wrongs as Public Wrongs 5. Exploitation at Work: Beyond a 'Criminalization' or 'Regulatory Alternatives' Dichotomy, Jennifer Collins 6. The Duty of Loyalty and the Scope of the Law of Fraud, Hugh Collins 7. Wage Theft as a Legal Concept, Sarah Green 8. The Criminalization of Workplace Harassment and Abuse: An Over-personalized Wrong? Alan Bogg and Mark Freedland 9. Sex, Work, and Criminalization, Michelle Madden Dempsey 10. The Work of Sex Work: Prostitution, Unfreedom and Criminality at Work, Katie Cruz 11. Human Rights, Labour Rights, and Criminal Wrongs, Virginia Mantouvalou 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, Andrew Ashworth and Jennifer Collins 13. Licensing of Employing Entities and Criminalization, ACL Davies 14. Criminalizing Care Workers. A Critique of Prosecution for Ill-treatment or Wilful Neglect, LJB Hayes 15. The Medical Professional as Special Before the Criminal Law, Suzanne Ost 16. Victim or Perpetrator? The Criminal Migrant and the Idea of 'Harm' in a Labour Market Context, Cathryn Costello 17. Doing the Dirty Job: Labour at the Intersections of Criminal Law and Immigration Controls, Ana Aliverti 18. Modern Slavery, Domestic Work and the Criminal Law, Jonathan Herring 19. The Persistence of Criminal Law and Police in Collective Labour Relations, Alan Bogg, KD Ewing and Andrew Moretta Part IV: Criminalization and Enforcement 20. Workplace Safety and Criminalization: A Double-Edged Sword, Paul Almond 21. The Criminalization of Health and Safety at Work, Michael Ford 22. Accessory Liability for National Minimum Wage Violations in the Fissured Workplace, Alan Bogg and Paul S Davies Part V: Comparative Perspectives on Criminalization 23. Class Crimes: Master and Servant Laws and Factories Acts in Industrializing Britain and (Ontario) Canada, Eric Tucker and Judy Fudge 24. Criminalization, Social Exclusion and Access to Employment, Marilyn J Pittard 25. The Carceral State at Work: Exclusion, Coercion, and Subordinated Inclusion, Noah Zatz 26. Restorative Regulation of Criminality at Work in Canada: Workplace Safety, Penal Law and Human Capability Enhancement, Bruce P Archibald, QC
Author(s) | Edited by Alan Bogg (Professor of Labour Law, Professor of Labour Law, University of Bristol), Jennifer Collins (Senior Lecturer in Law, Senior Lecturer in Law, University of Bristol), Mark Freedland (Emeritus Research Fellow, Emeritus Research Fellow, St John's College, University of Oxford), Jonathan Herring (Professor of Law, Professor of Law, Exeter College, University of Oxford). |
---|---|
Publisher | Oxford University Press |
ISBN | 9780198836995 |
Format | Hardback |
Pages | 592 |
Published in | United Kingdom |
Published | 12 Mar 2020 |
Availability | Available |
Practice Area
-
Company, commercial & competition
- Agency law
- Aviation law
- Commercial law
- Company law
- Company, commercial & competition law
- Competition law \ Antitrust law
- Construction & engineering law
- Contract law
- E-commerce law
- Energy & natural resources law
- Franchising law
- Outsourcing law
- Partnership law
- Procurement law
- Sale of goods law
- Shipping law
-
Constitutional & administrative
- Asylum law
- Citizenship & nationality law
- Constitutional & administrative law
- Election law
- Freedom of expression law
- Freedom of information law
- Government powers
- Human rights & civil liberties law
- Immigration law
- Judicial review
- Local government law
- Military & defence law
- Parliamentary & legislative practice
- Privacy law
-
Criminal law & procedure
- Criminal justice law
- Criminal law & procedures
- Criminal procedure
- Criminal procedure: law of evidence
- Fraud
- Harassment law
- Juvenile criminal law
- Offences against property
- Offences against public health, safety, order
- Offences against the government
- Offences against the person
- Police law & police procedures
- Road traffic law, motoring offences
- Sentencing & punishment
- Terrorism law
- Employment & labour
- Environment, transport & planning
- Equity & trusts
- Family
- Financial
- IT & Communications
- Intellectual property
-
International
- Customary law
- Diplomatic law
- International
- International arbitration
- International communications & telecommunications law
- International courts & procedures
- International criminal law
- International economic & trade law
- International environmental law
- International human rights law
- International humanitarian law
- International law
- International law of territory & statehood
- International law of transport, communications & commerce
- International law reports
- International maritime law
- International organisations & institutions
- International space & aerospace law
- Investment treaties & disputes
- Jurisdiction & immunities
- Law of the sea
- Private international law & conflict of laws
- Public international law
- Responsibility of states & other entities
- Settlement of international disputes
- Tariffs
- Transnational commercial law
- Treaties & other sources of international law
-
Jurisprudence & general
- Advocacy
- Civil codes \ Civil law
- Common law
- Comparative law
- Criminology: legal aspects
- Ecclesiastical (canon) law
- Gender & the law
- Islamic law
- Jurisprudence & general issues
- Jurisprudence & philosophy of law
- Law & society
- Law as it applies to other professions
- Legal ethics & professional conduct
- Legal history
- Legal profession: general
- Legal skills & practice
- Paralegals & paralegalism
- Roman law
- Systems of law
- Law - other
- Law: study & revision guides
- Laws of Specific jurisdictions
-
Legal system
- Arbitration, mediation & alternative dispute resolution
- Civil procedure, litigation & dispute resolution
- Civil procedure: law of evidence
- Civil remedies
- Courts & procedure
- Damages & compensation
- Injunctions & other orders
- Judicial powers
- Legal system: costs & funding
- Legal system: general
- Legal system: law of contempt
- Regulation of legal profession
- Restitution
- Primary sources
- Private \ Civil law: general works
- Property
- Social
- Taxation & duties
- Torts & Delicts
- Wills & probate \ Succession
My Cart
You have no items in your shopping cart.