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1 - Regulation and criminal justice: exploring the connections and disconnections

Published online by Cambridge University Press:  04 February 2011

Hannah Quirk
Affiliation:
University of Manchester
Toby Seddon
Affiliation:
University of Manchester
Graham Smith
Affiliation:
University of Manchester
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Summary

This book explores the relationship between regulation and criminal justice. It comprises a selection of papers presented to an international seminar series hosted by the School of Law, University of Manchester, UK, between November 2007 and February 2009. The majority of seminar participants were criminologists and interdisciplinary scholars involved in research across a range of criminal justice fields, invited to engage in a ‘long conversation’ with several regulation scholars and practitioners. One of the strengths of interdisciplinary discourse is the cross-fertilization of ideas between specialisms that facilitates comparative study and knowledge transfer. Socio-legal research and analysis, in explanatory and normative forms, has played a crucial part in the recent development of regulation (Morgan and Yeung 2007) and criminal justice (Sanders et al. 2010) as distinct areas of scholarship. But, as we will see, the two areas do share some common heritage, and so it is not surprising that connections have been established – most persuasively in the fields of policing (Ayling et al. 2009; Johnston and Shearing 2003) and restorative justice as an alternative to penal orthodoxy (Braithwaite 2002).

Grabosky (see Chapter 4, this book) describes regulation as a ‘mansion with many rooms’, an image that captures its scope, multifaceted character and conceptual diversity. Contemporary regulation discourse is rooted in public sector innovation dating back some three decades, which led to the transformation of governance in, and between, democratic polities regionally and globally (Levi-Faur 2005; Majone 1996).

Type
Chapter
Information
Regulation and Criminal Justice
Innovations in Policy and Research
, pp. 1 - 24
Publisher: Cambridge University Press
Print publication year: 2010

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References

Abbot, C. (2009) Enforcing Pollution Control Regulation. Oxford: Hart.Google Scholar
Ashworth, A. (2000) ‘Is the Criminal Law a Lost Cause?’, Law Quarterly Review, 116, 225–56.Google Scholar
Ashworth, A. and Redmayne, M. (2005) The Criminal Process, 3rd edn. Oxford University Press.Google Scholar
Ashworth, A. and Zedner, L. (2008) ‘Defending the Criminal Law: Reflections on the Changing Character of Crime, Procedure, and Sanctions’, Criminal Law and Philosophy, 2, 21–51.CrossRefGoogle Scholar
Ayling, J., Grabosky, P. and Shearing, C. (2009) Lengthening the Arm of the Law: Enhancing Police Powers in the Twenty-First Century. Cambridge University Press.Google Scholar
Ayres, I. and Braithwaite, J. (1992) Responsive Regulation: Transcending the Deregulation Debate. Oxford University Press.Google Scholar
Baldwin, R. and Black, J. (2008) ‘Really Responsive Regulation’, Modern Law Review, 71(1), 59–94.CrossRefGoogle Scholar
Bauman, Z. (1989) Modernity and the Holocaust. Cambridge: Polity.Google Scholar
Bayley, D. (2006) Changing the Guard: Developing Democratic Police Abroad. New York, NY: Oxford University Press.Google Scholar
Bayley, D. (2008) ‘Post-Conflict Police Reform: Is Northern Ireland a Model?’, Policing, 2(2), 233–40.CrossRefGoogle Scholar
Bayley, D. and Shearing, C. (1996) ‘The Future of Policing’, Law and Society Review, 30(3), 585–606.CrossRefGoogle Scholar
Becker, G. (1968) ‘Crime and Punishment: An Economic Approach’, Journal of Political Economy, 76, 169–87.CrossRefGoogle Scholar
Becker, G. (1976) The Economic Approach to Human Behaviour. University of Chicago Press.Google Scholar
Black, J. (2002) ‘Critical Reflections on Regulation’, Australian Journal of Legal Philosophy, 27, 1–35.Google Scholar
Braithwaite, J. (2000) ‘The New Regulatory State and the Transformation of Criminology’, in Garland, D. and Sparks, R. (eds.), Criminology and Social Theory. Oxford University Press, pp. 47–69.Google Scholar
Braithwaite, J. (2002) Restorative Justice and Responsive Regulation. Oxford University Press.Google Scholar
Braithwaite, J. (2003) ‘What's Wrong with the Sociology of Punishment?’, Theoretical Criminology, 7(1), 5–28.CrossRefGoogle Scholar
Braithwaite, J. (2005) ‘For public social science’, British Journal of Sociology, 56(3), 345–53.CrossRefGoogle ScholarPubMed
Braithwaite, J. (2008) Regulatory Capitalism: How It Works, Ideas for Making It Work Better. Cheltenham: Edward Elgar.CrossRefGoogle Scholar
Burney, E. (2008) ‘Regulating behaviour’, paper (unpublished) presented at the ESRC Regulation and Criminal Justice Seminar, University of Manchester, 9 September.
,Cabinet Office (2007) Machinery of Government: Security and Counter-Terrorism, and the Criminal Justice System. Available at: www.cabinetoffice.gov.uk/media/cabinetoffice/corp/assets/publications/reports/government_changes/pdf/machinery_govt.pdf. Accessed 27 January 2010.
Carlile, A. (2008) ‘Terrorism and the legislative process’, paper (unpublished) presented at the ESRC Regulation and Criminal Justice Seminar, University of Manchester, 9 April.
Crawford, A. (2006) ‘Networked Governance and the Post-Regulatory State? Steering, Rowing and Anchoring the Provision of Policing and Security’, Theoretical Criminology, 10(4), 449–79.CrossRefGoogle Scholar
Crawford, A. (2009) ‘Governing through Anti-Social Behaviour: Regulatory Challenges to Criminal Justice’, British Journal of Criminology, 49(6), 810–31.CrossRefGoogle Scholar
Duff, A. and Garland, D. (eds.) (1994) A Reader on Punishment. Oxford University Press.
Felson, M. and Clark, R. V. (1998) Opportunity Makes the Thief: Practical Theory for Crime Prevention. London: Home Office Police Research Series Paper 98.Google Scholar
Flyghed, J. (2002) ‘Normalizing the Exceptional: The Case of Political Violence’, Policing and Society, 13(1), 23–41.CrossRefGoogle Scholar
Garland, D. (1990) Punishment and Modern Society: A Study in Social Theory. Oxford: Clarendon Press.CrossRefGoogle Scholar
Garland, D. (2001) The Culture of Control. Oxford University Press.Google Scholar
Garland, D. (2003) ‘The Rise of Risk’, in Ericson, R. and Doyle, A. (eds.), Risk and Morality. University of Toronto Press, 44–86.Google Scholar
Gearty, C. (2006) Can Human Rights Survive?Cambridge University Press.CrossRefGoogle Scholar
Gill, P. (2002) ‘Policing and Regulation: What is the Difference?Social and Legal Studies, 11(4), 523–46.CrossRefGoogle Scholar
Grabosky, P. (1995) ‘Using Non-Governmental Resources to Foster Regulatory Compliance’, Governance: An International Journal of Policy and Administration, 8(4), 527–50.CrossRefGoogle Scholar
Hancher, L. and Moran, M. (1989) ‘Organizing Regulatory Space’, in Hancher, L. and Moran, M. (eds.), Capitalism, Culture and Economic Regulation. Oxford University Press.Google Scholar
Hillyard, P. (2009) ‘Regulating state political violence: some reflections on Northern Ireland’, paper (unpublished) presented at the ESRC Regulation and Criminal Justice Seminar, University of Manchester, 10 February.
Hillyard, P., Pantazis, C., Tombs, S., Gordon, D. and Dorling, D. (eds.) (2005) Criminal Obsessions: Why Harm Matters More Than Crime. London: Crime and Society Foundation.
,HM Government (2009) Pursue Prevent Protect Prepare. London: Stationery Office.Google Scholar
Hood, C., Rothstein, H. and Baldwin, R. (2001) The Government of Risk: Understanding Risk Regulation Regimes. Oxford University Press.CrossRefGoogle Scholar
,Independent Commission on Policing in Northern Ireland (1999) A New Beginning: Report of the Independent Commission on Policing in Northern Ireland. Available at: www.nio.gov.uk/index/nio-publication.htm. Accessed 27 January 2010.
,Independent Police Complaints Commission (2007) Stockwell One: Investigation into the Shooting of Jean Charles de Menezes at Stockwell Underground Station on 22 July 2005. London: Independent Police Complaints Commission.Google Scholar
Jamieson, R. and McEvoy, K. (2005) ‘State Crime by Proxy and Juridical Othering’, British Journal of Criminology, 45(4), 504–27.CrossRefGoogle Scholar
Johnston, L. and Shearing, C. (2003) Governing Security: Explorations in Policing and Justice. London: Routledge.Google Scholar
Levi-Faur, D. (2005) ‘The Global Diffusion of Regulatory Capitalism’, Annals of the American Academy of Political and Social Science, 598, 12–32.CrossRefGoogle Scholar
Loader, I. (2000) ‘Plural Policing and Democratic Governance’, Social and Legal Studies, 9(3), 323–45.CrossRefGoogle Scholar
Loader, I. and Walker, N. (2007) Civilizing Security. Cambridge University Press.CrossRefGoogle Scholar
McCulloch, J. and Pickering, S. (2009) ‘Pre-Crime and Counter-Terrorism: Imagining Future Crime in the “War on Terror”’, British Journal of Criminology, 49(5), 628–45.CrossRefGoogle Scholar
McLaughlin, E., Murji, K. and Hughes, G. (2001) ‘The Permanent Revolution: New Labour, New Public Management and the Modernization of Criminal Justice’, Criminology and Criminal Justice, 1(3), 301–18.CrossRefGoogle Scholar
Majone, G. (1996) Regulating Europe. London: Routledge.CrossRefGoogle Scholar
Moran, M. (2002) The British Regulatory State: High Modernism and Hyper-Innovation. Oxford University Press.Google Scholar
Morgan, B. and Yeung, K. (2007) An Introduction to Law and Regulation: Text and Materials. Cambridge University Press.CrossRefGoogle Scholar
O'Malley, P. and Hutchinson, S. (2007) ‘Reinventing Prevention: Why Did “Crime Prevention” Develop so Late?’, British Journal of Criminology, 47(3), 373–89.CrossRefGoogle Scholar
Osborne, D. and Gaebler, T. (1992) Reinventing Government: How the Entrepreneurial Spirit Is Transforming the Public Sector. Reading, MA: Addison-Wesley.Google Scholar
Packer, H. (1968) The Limits of the Criminal Sanction. Stanford University Press.Google Scholar
Parry, J. T. (2006) ‘Terrorism and the New Criminal Process’, William and Mary Bill of Rights Journal 15, 765–835.Google Scholar
Pasquino, P. (1991) ‘Theatricum Politicum: The Genealogy of Capital – Police and the State of Prosperity’, in Burchell, G., Gordon, C. and Miller, P. (eds.), The Foucault Effect: Studies in Governmentality. University of Chicago Press, pp. 105–18.Google Scholar
Posner, R. (1983) The Economics of Justice. Cambridge, MA: Harvard University Press.Google Scholar
Quirk, H. (2008) ‘Self-regulation by the criminal courts – the regulatory black hole at the heart of the system’, paper (unpublished) presented at the ESRC Regulation and Criminal Justice Seminar, University of Manchester, 9 February.
Radzinowicz, L. (1948–86) History of English Criminal Law and Its Administration, 5 vols. (vol. 5 with R. Hood). London: Stevens & Son.Google Scholar
Sanders, A. and Young, R. (1994) Criminal Justice, 1st edn. London: Butterworths.Google Scholar
Sanders, A. and Young, R. (2000) Criminal Justice, 2nd edn. London: Butterworths.Google Scholar
Sanders, A., Young, R. and Burton, M. (2010) Criminal Justice, 4th edn. Oxford University Press.CrossRefGoogle Scholar
Scott, C. (2001) ‘Analysing Regulatory Space: Fragmented Resources and Institutional Design’, Public Law, 329–53.Google Scholar
Scott, C. (2004) ‘Regulation in the Age of Governance: The Rise of the Post-Regulatory State’, in Jordana, J. and Levi-Faur, D. (eds.), The Politics of Regulation. Cheltenham, Glos.: Edward Elgar, pp. 145–74.Google Scholar
Seddon, T., Ralphs, R. and Williams, L. (2008) ‘Criminal justice as risk-based regulation: the case of recent British drugs-crime policy’, paper (unpublished) presented at the ESRC Regulation and Criminal Justice Seminar, University of Manchester, 9 September.
Shearing, C. and Wood, J. (2006) Imagining Security. Cullompton, Devon: Willan.Google Scholar
Simester, A. and Hirsch, A. (2006) ‘Regulating Offensive Conduct through Two-Step Prohibitions’, in Hirsch, A. and Simester, A. (eds.), Incivilities: Regulating Offensive Behaviour. Oxford: Hart.Google Scholar
Smith, G. (2007) ‘The parameters of criminal justice’, paper (unpublished) presented at the ESRC Regulation and Criminal Justice Seminar, University of Manchester, 7 November.
Smith, G. (2009) ‘Citizen Oversight of Independent Police Services: Bifurcated Accountability, Regulation Creep and Lesson Learning’, Regulation and Governance, 3(4), 421–41.CrossRefGoogle Scholar
Sparrow, M. (2002) The Regulatory Craft. Washington, DC: Brookings Institution Press.Google Scholar
Sunstein, C. (1993) After the Rights Revolution: Reconceiving the Regulatory State. Cambridge, MA: Harvard University Press.Google Scholar
Tombs, S. and Whyte, D. (2009) ‘A Deadly Consensus: Worker Safety and Regulatory Degradation under New Labour’, British Journal of Criminology 50(1), 46–65.CrossRefGoogle Scholar
Walker, C. (2009) Blackstone's Guide to the Anti-Terrorism Legislation. Oxford University Press.Google Scholar
Wolfendale, J. (2007) ‘Terrorism, Security, and the Threat of Counter-Terrorism’, Studies in Conflict and Terrorism, 30, 75–92.CrossRefGoogle Scholar
Yeung, K. (2004) Securing Compliance: A Principled Approach. Oxford: Hart Publishing.Google Scholar
Zedner, L. (2004) Criminal Justice. Oxford University Press.Google Scholar
Zedner, L. (2006) ‘Policing Before and After the Police: The Historical Antecedents of Contemporary Crime Control, British Journal of Criminology, 46(1), 78–96.CrossRefGoogle Scholar
Zedner, L. (2009) Security. Abingdon: Routledge.Google Scholar

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