ISBN-10:
0198836996
ISBN-13:
9780198836995
Pub. Date:
05/12/2020
Publisher:
Oxford University Press
ISBN-10:
0198836996
ISBN-13:
9780198836995
Pub. Date:
05/12/2020
Publisher:
Oxford University Press
$160.0 Current price is , Original price is $160.0. You
$160.00 
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Overview

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.

Product Details

ISBN-13: 9780198836995
Publisher: Oxford University Press
Publication date: 05/12/2020
Pages: 592
Product dimensions: 9.80(w) x 6.60(h) x 1.70(d)

About the Author

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 her appointment 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.

Table of Contents

Introduction, Alan Bogg and Mark FreedlandI The Normative Grounds of Criminalization1. Exploitation at Work: Beyond a 'Criminalization' or 'Regulatory Alternatives' Dichotomy, Jennifer Collins2. Workplace Welfare and State Coercion, G. R. Sullivan3. Human Rights, Labour Rights, and Criminal Wrongs, Virginia Mantouvalou4. The Preventive Role of the Criminal Law in Employment Relations, Jennifer Collins and Andrew AshworthII Criminal law as employment regulation5. The Duty of Loyalty and the Scope of the Law of Fraud, Hugh Collins6. Wage Theft as a Legal Concept, Sarah Green7. The Criminalization of Health and Safety at Work, Michael Ford8. The Criminalization of Workplace Harassment and Abuse - An Overpersonalised Wrong?, Alan Bogg and Mark FreedlandIII Criminality and Precarity in Work Relations9. Modern Slavery, Domestic Work, and the Criminal Law, Jonathan Herring10. Criminalization, Social Exclusion, and Access to Employment, Marilyn Pittard11. The Criminal Law, the Refugee, the EU Citizen and the Supply of Labour in the UK, Cathryn Costello12. Criminalization and Beyond: Immigration Control at Work, Bernard Ryan13. Doing the Dirty Job: Labour at the Intersections of Criminal Law and Immigration Controls, Ana AlivertiIV Specific Contexts of Criminalization14. The Medical Professional as Special before the Criminal Law, Suzanne Ost15. Criminal Prosecution in the Face of Employment Deregulation: Disciplining Care Workers for Failures to Care, Lydia Hayes16. Sex, Work, and Crime: The Role of Criminalization in Sex Work, Michelle Madden-Dempsey17. The Persistence of Criminal Law in Collective Labour Relations, Alan Bogg, Keith Ewing and Andrew MorettaV Criminalization and Enforcement18. Using Criminal Law to Enforce Statutory Employment Rights, David Cabrelli19. Work-related Safety and Criminalization: A Double-Edged Sword, Paul Almond20. Why Are Criminal Offences Criminal in Labour Law?, Catherine Barnard and Sarah Fraser Butlin21. Licensing of Employing Entities and Criminalisation, Anne Davies22. Accessories at Work: Ascribing Responsibility in Multiple Employer Scenarios, Alan Bogg and Paul DaviesVI Comparative Perspectives on Criminalisation23. The U.S. Carceral State at Work: Exclusion, Coercion, and Subordinated Inclusion, Noah Zatz24. Class Crimes: Master and Servant Laws and Factories Acts in Industrializing Britain and (Ontario) Canada, Judy Fudge and Eric Tucker25. Regulating Criminality at Work in Canada: Penal Laws for Repression, Protection, Discipline and Human Capability Enhancement, Bruce Archibald
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