To Punish or Persuade
To Punish or Persuade

Author: John Braithwaite

Publisher: SUNY Press

Published: 1985-01-01

Total Pages: 226

ISBN-13: 9780873959315

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In To Punish or Persuade, John Braithwaite declares that coal mine disasters are usually the result of corporate crime. He surveys 39 coal mine disasters from around the world, including 19 in the United States since 1960, and concludes that mine fatalities are usually not caused by human error or the unstoppable forces of nature. He shows that a combination of punitive and educative measures taken against offenders can have substantial effects in reducing injuries to miners. Braithwaite not only develops a model for determining the optimal mix of punishment and persuasion to maximize mine safety, but provides regulatory agencies in general with a model for mixing the two strategies to ensure compliance with the law. To Punish or Persuade looks at coal mine safety in the United States, Great Britain, Australia, France, Belgium, and Japan. It examines closely the five American coal mining companies with the best safety performance in the industry: U.S. Steel, Bethlehem Steel, Consolidation Coal Company, Island Creek Coal Company, and Old Ben Coal Company. It also takes a look at the safety record of unionized versus non-unionized mines and how safety regulation enforcement impacts productivity.

To Punish or Persuade
To Punish or Persuade

Author: John Braithwaite

Publisher: State University of New York Press

Published: 1985-06-30

Total Pages: 226

ISBN-13: 0791497372

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In To Punish or Persuade, John Braithwaite declares that coal mine disasters are usually the result of corporate crime. He surveys 39 coal mine disasters from around the world, including 19 in the United States since 1960, and concludes that mine fatalities are usually not caused by human error or the unstoppable forces of nature. He shows that a combination of punitive and educative measures taken against offenders can have substantial effects in reducing injuries to miners. Braithwaite not only develops a model for determining the optimal mix of punishment and persuasion to maximize mine safety, but provides regulatory agencies in general with a model for mixing the two strategies to ensure compliance with the law. To Punish or Persuade looks at coal mine safety in the United States, Great Britain, Australia, France, Belgium, and Japan. It examines closely the five American coal mining companies with the best safety performance in the industry: U.S. Steel, Bethlehem Steel, Consolidation Coal Company, Island Creek Coal Company, and Old Ben Coal Company. It also takes a look at the safety record of unionized versus non-unionized mines and how safety regulation enforcement impacts productivity.

Responsive Regulation
Responsive Regulation

Author: Ian Ayres

Publisher: Oxford University Press

Published: 1995-02-16

Total Pages: 216

ISBN-13: 0199879958

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This book transcends current debate on government regulation by lucidly outlining how regulations can be a fruitful combination of persuasion and sanctions. The regulation of business by the United States government is often ineffective despite being more adversarial in tone than in other nations. The authors draw on both empirical studies of regulation from around the world and modern game theory to illustrate innovative solutions to this problem. Their ideas include an argument for the empowerment of private and public interest groups in the regulatory process and a provocative discussion of how the government can support and encourage industry self-regulation.

Restorative Justice & Responsive Regulation
Restorative Justice & Responsive Regulation

Author: John Braithwaite

Publisher: Oxford University Press, USA

Published: 2002

Total Pages: 334

ISBN-13: 0195158393

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Braithwaite's argument against punitive justice systems and for restorative justice systems establishes that there are good theoretical and empirical grounds for anticipating that well designed restorative justice processes will restore victims, offenders, and communities better than existing criminal justice practices. Counterintuitively, he also shows that a restorative justice system may deter, incapacitate, and rehabilitate more effectively than a punitive system. This is particularly true when the restorative justice system is embedded in a responsive regulatory framework that opts for deterrence only after restoration repeatedly fails, and incapacitation only after escalated deterrence fails. Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.

Command and Persuade
Command and Persuade

Author: Peter Baldwin

Publisher: MIT Press

Published: 2021-10-05

Total Pages: 475

ISBN-13: 0262361493

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Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? Voted one of the best law books of 2021 by the UK Times. Levels of violent crime have been in a steady decline for centuries--for millennia, even. Over the past five hundred years, homicide rates have decreased a hundred-fold. We live in a time that is more orderly and peaceful than ever before in human history. Why, then, does fear of crime dominate modern politics? Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? In Command and Persuade, Peter Baldwin examines the evolution of the state's role in crime and punishment over three thousand years. Baldwin explains that the involvement of the state in law enforcement and crime prevention is relatively recent. In ancient Greece, those struck by lightning were assumed to have been punished by Zeus. In the Hebrew Bible, God was judge, jury, and prosecutor when Cain killed Abel. As the state’s power as lawgiver grew, more laws governed behavior than ever before; the sum total of prohibited behavior has grown continuously. At the same time, as family, community, and church exerted their influences, we have become better behaved and more law-abiding. Even as the state stands as the socializer of last resort, it also defines through law the terrain on which we are schooled into acceptable behavior.

Human Rights Brought Home
Human Rights Brought Home

Author: Simon Halliday

Publisher: Hart Publishing

Published: 2004-08

Total Pages: 293

ISBN-13: 1841133884

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This collection of essays, written by a range of distinguished socio-legal scholars, explores human rights in domestic legal systems.

Corporate Regulation for Climate Change Mitigation in Africa
Corporate Regulation for Climate Change Mitigation in Africa

Author: Kikelomo O. Kila

Publisher: Taylor & Francis

Published: 2022-09-08

Total Pages: 246

ISBN-13: 1000648710

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This book critically analyses the prospects of overhauling the legal framework of climate change regulation of corporations in African state. It adopts the dilute interventionism regulatory framework to tackle the culture of regulatory resistance by corporations in Africa. Over the course of this volume, Kikelomo O. Kila critiques the climate change legal framework in all 53 African states and conducts an in-depth case study of the two largest economies in Africa – Nigeria and South Africa – to highlight the commonality of the problems in Africa and the potential for the dilute interventionism paradigm to significantly address these problems. The book establishes why African states should directly intervene through legislative mechanisms to compel corporations to incorporate climate change mitigation in their business activities. It proposes that this direct intervention should comprise a blend of prescriptive and facilitative mechanisms structured in a dilute interventionism regulatory model. Overall, this volume argues that implementing this model requires the institution of a strong and independent regulator with a veto firewall protection system that guarantees its de facto independence from government and external influences. Corporate Regulation for Climate Change Mitigation in Africa will be of great interest to climate change stakeholders at the international, regional, and domestic levels, policymakers, regulatory practitioners, and legal experts on corporate regulation. It will also be an insightful resource for students and scholars of climate change and environmental law, policy, and governance.

Regulation, Crime and Freedom
Regulation, Crime and Freedom

Author: John Braithwaite

Publisher: Routledge

Published: 2020-09-10

Total Pages: 385

ISBN-13: 1000160483

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This title was first published in 2000: John Braithwaite is a distinguished criminologist with an international reputation in the study of regulation and globalization. This collection contains his most important and influential essays in criminal justice and business regulation. It has a substantial introduction explaining the thematization of his work around the design of regulatory systems to maximize freedoms as non-domination.

Persuade in a Minute
Persuade in a Minute

Author: Tony Wrighton

Publisher: Random House

Published: 2011-09-09

Total Pages: 130

ISBN-13: 0753544288

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WANT TO BE MORE PERSUASIVE AND CHARISMATIC? INTERESTED IN LEARNING HOW TO DELIVER A MESSAGE UNDER THE RADAR? These super-quick, easy and effective persuasion techniques will get people saying YES in seconds. Whether it's making more authoritative presentations, winning arguments or even using Facebook to get your way, you can start persuading NOW because each technique takes a minute or less. LEARN HOW TO: ·Make a sensational first impression ·Climb the career ladder super-fast ·Make more money and close the deal ·Hear that magic word YES! You'll even learn 'the most persuasive word in the world' (CLUE: It's on the back cover of this book.)

Corporal Punishment
Corporal Punishment

Author: Patrick Lenta

Publisher: Routledge

Published: 2017-09-14

Total Pages: 212

ISBN-13: 1351626310

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The aim of this book is to assess the moral permissibility of corporal punishment and to enquire into whether or not it ought to be legally prohibited. Against the widespread view that corporal punishment is morally legitimate and should be legally permitted provided it falls short of abuse, Patrick Lenta argues that all corporal punishment, even parental spanking, is morally impermissible and ought to be legally proscribed. The advantages claimed for corporal punishment over alternative disciplinary techniques, he contends, are slight or speculative and are far outweighed by its disadvantages. He presents, in addition, a rights-based case against corporal punishment, arguing that children possess certain fundamental rights that all corporal punishment of them violates, namely the right to security of the person and the right not to be subjected to degrading punishment. Lenta’s approach is unique in that it engages with empirical literature in the social sciences in order to fully examine the emotional and psychological effects of corporal punishment on children. Corporal Punishment: A Philosophical Assessment is a philosophically rigorous and engaging treatment of a hitherto neglected topic in applied ethics and social philosophy.