9780192573889 (electronic book) 0192573888 0198836996 9780198836995
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.
Formatted Contents Note
Criminality at work / Alan Bogg and Mark Freedland Workplace welfare and state coercion / GR Sullivan Using criminal law to enforce statutory employment rights / David Cabrelli Where criminal law meets labour law / Catherine Barnard and Sarah Fraser Butlin Exploitation at work / Jennifer Collins The duty of loyalty and the scope of the law of fraud / Hugh Collins Wage theft as a legal concept / Sarah Green The criminalization of workplace harassment and abuse / Alan Bogg and Mark Freedland Sex, work, and criminalization / Michelle Madden Dempsey The work of sex work / Katie Cruz Human rights, labour rights, and criminal wrongs / Virginia Mantouvalou The preventive role of the criminal law in employment relations / Jennifer Collins and Andrew Ashworth Licensing of employing entities and criminalization / ACL Davies Criminalizing care workers / LBJ Hayes The medical professional as special before the criminal law / Suzanne Ost Victim of perpetrator? The criminalization of migration and the idea of "harm' in the labour market context / Cathryn Costello Doing the dirty job / Ana Aliverti Modern slavery, domestic work, and the criminal law / Jonathan Herring The persistence of criminal law and police in collective labour relations / Alan Bogg, KD Ewing, and Andrew Moretta Workplace safety and criminalization / Paul Almond The criminalization of health and safety at work / Michael Ford Accessory liability for national minimum wage violations in the fissured workplace / Alan Bogg and Paul S Davies Class crimes / Eric Tucker and Judy Fudge Criminalization, social exclusion, and access to employment / Marilyn J Pittard The carceral state at work / Noah D Zatz Restorative regulation of criminality at work in Canada / Bruce P Archibald.
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Online resource; title from pdf information screen (Oxford Scholarship, viewed May 8, 2020).