Read online Irish Society: Corporate and White-Collar Crime in Ireland : A New Architecture of Regulatory Enforcement by Joe McGrath in DJV, TXT, PDF
9780719090660 0719090660 This book explores the emergence of a new architecture of corporate enforcement in Ireland. It is demonstrated that the State has transitioned from one contradictory model of corporate enforcement to another. Traditionally, the State invoked its most powerful weapon of state censure, the criminal law, but was remarkably lenient in practice because the law was not enforced. The contemporary model is much more reliant on cooperative measures and civil orders, but also contains remarkably punitive and instrumental measures to surmount the difficulties of proving guilt in criminal cases.Though corporate and financial regulation has become an area of significant interest for academics, researchers and those with an interest in corporate affairs, this sudden surge of interest lacks a tradition of scholarship or any deep empirical and contextual analysis in Ireland. This book provides that foundation. It is likely to stimulate an extensive conversation on corporate regulation and governance in Ireland. It is also likely to provide a platform for researchers further afield with an interest in comparative study with Ireland., This is the first definitive examination of the practice of corporate regulation and enforcement from the foundation of the Irish State to the present day. Traditionally, corporate wrongdoing was often criminalised using conventional criminal justice methods and the ordinary police were often charged with the responsibility of enforcing the law. Since the 1990s, however, the conventional crime monopoly on corporate deviancy has become fragmented because a variety of specialist, interdisciplinary agencies with enhanced powers now address corporate wrongdoing. The exclusive dominance of conventional crime methods has also faded because corporate wrongdoing is now specifically addressed by a pyramidal enforcement architecture, taking compliance orientated and sanctioning approaches, using both civil and criminal enforcement mechanisms, where criminal law is now the sanction of last resort. Corporate and white-collar crime in Ireland is the first monograph to analyse the transition in Ireland from a sanctioning, 'command and control' model of corporate enforcement to the compliance-orientated regulatory model. It is also unique in locating this shift in its broader sociological and jurisprudential context. As such, the distinctive contribution of this volume is not in the analysis of corporate or white-collar crimes but rather in its analysis of the emerging legal architecture which attempts to manage rather than punish crime. It provides a definitive account of a State at a critical stage of its economic development, having moved from an agrarian and protected society to a free-market globalised economy which is trying to cope with the negative aspects of increased corporate activity, having experienced an economic boom and depression in a remarkably condensed period of time., This monograph is the first definitive examination of the practice of corporate regulation and enforcement from the foundation of the Irish State to the present day. Traditionally, corporate wrongdoing was often criminalised using conventional criminal justice methods and the ordinary police were often charged with the responsibility of enforcing the law. Since the 1990s, however, the conventional crime monopoly on corporate deviancy has become fragmented because a variety of specialist, interdisciplinary agencies with enhanced powers now address corporate wrongdoing. The exclusive dominance of conventional crime methods has also faded because corporate wrongdoing is now specifically addressed by a pyramidal enforcement architecture, taking compliance orientated and sanctioning approaches, using both civil and criminal enforcement mechanisms, where criminal law is now the sanction of last resort. It is the first monograph to analyse the transition in Ireland from a sanctioning, 'command and control' model of corporate enforcement to the compliance-orientated regulatory model. It is also unique in locating this shift in its broader sociological and jurisprudential context. As such, the distinctive contribution of this monograph is not in the analysis of corporate or white-collar crimes but rather in its analysis of the emerging legal architecture which attempts to manage rather than punish crime. It provides a definitive account of a State at a critical stage of its economic development, having moved from an agrarian and protected society to a free-market globalised economy which is trying to cope with the negative aspects of increased corporate activity, having experienced an economic boom and depression in a remarkably condensed period of time.
9780719090660 0719090660 This book explores the emergence of a new architecture of corporate enforcement in Ireland. It is demonstrated that the State has transitioned from one contradictory model of corporate enforcement to another. Traditionally, the State invoked its most powerful weapon of state censure, the criminal law, but was remarkably lenient in practice because the law was not enforced. The contemporary model is much more reliant on cooperative measures and civil orders, but also contains remarkably punitive and instrumental measures to surmount the difficulties of proving guilt in criminal cases.Though corporate and financial regulation has become an area of significant interest for academics, researchers and those with an interest in corporate affairs, this sudden surge of interest lacks a tradition of scholarship or any deep empirical and contextual analysis in Ireland. This book provides that foundation. It is likely to stimulate an extensive conversation on corporate regulation and governance in Ireland. It is also likely to provide a platform for researchers further afield with an interest in comparative study with Ireland., This is the first definitive examination of the practice of corporate regulation and enforcement from the foundation of the Irish State to the present day. Traditionally, corporate wrongdoing was often criminalised using conventional criminal justice methods and the ordinary police were often charged with the responsibility of enforcing the law. Since the 1990s, however, the conventional crime monopoly on corporate deviancy has become fragmented because a variety of specialist, interdisciplinary agencies with enhanced powers now address corporate wrongdoing. The exclusive dominance of conventional crime methods has also faded because corporate wrongdoing is now specifically addressed by a pyramidal enforcement architecture, taking compliance orientated and sanctioning approaches, using both civil and criminal enforcement mechanisms, where criminal law is now the sanction of last resort. Corporate and white-collar crime in Ireland is the first monograph to analyse the transition in Ireland from a sanctioning, 'command and control' model of corporate enforcement to the compliance-orientated regulatory model. It is also unique in locating this shift in its broader sociological and jurisprudential context. As such, the distinctive contribution of this volume is not in the analysis of corporate or white-collar crimes but rather in its analysis of the emerging legal architecture which attempts to manage rather than punish crime. It provides a definitive account of a State at a critical stage of its economic development, having moved from an agrarian and protected society to a free-market globalised economy which is trying to cope with the negative aspects of increased corporate activity, having experienced an economic boom and depression in a remarkably condensed period of time., This monograph is the first definitive examination of the practice of corporate regulation and enforcement from the foundation of the Irish State to the present day. Traditionally, corporate wrongdoing was often criminalised using conventional criminal justice methods and the ordinary police were often charged with the responsibility of enforcing the law. Since the 1990s, however, the conventional crime monopoly on corporate deviancy has become fragmented because a variety of specialist, interdisciplinary agencies with enhanced powers now address corporate wrongdoing. The exclusive dominance of conventional crime methods has also faded because corporate wrongdoing is now specifically addressed by a pyramidal enforcement architecture, taking compliance orientated and sanctioning approaches, using both civil and criminal enforcement mechanisms, where criminal law is now the sanction of last resort. It is the first monograph to analyse the transition in Ireland from a sanctioning, 'command and control' model of corporate enforcement to the compliance-orientated regulatory model. It is also unique in locating this shift in its broader sociological and jurisprudential context. As such, the distinctive contribution of this monograph is not in the analysis of corporate or white-collar crimes but rather in its analysis of the emerging legal architecture which attempts to manage rather than punish crime. It provides a definitive account of a State at a critical stage of its economic development, having moved from an agrarian and protected society to a free-market globalised economy which is trying to cope with the negative aspects of increased corporate activity, having experienced an economic boom and depression in a remarkably condensed period of time.