Full Description
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.
Contents
Introduction
1. Criminality at Work: A Framework for Discussion, Alan Bogg and Mark Freedland
Part I: Criminality at Work: Mapping the Terrain
2. Workplace Welfare and State Coercion, GR Sullivan
3. Using Criminal Law to Enforce Statutory Employment Rights, David Cabrelli
4. Where Criminal Law Meets labour law: The Effectiveness of Criminal Sanctions to Enforce Labour Rights, Catherine Barnard and Sarah Fraser Butlin
Part II: Labour Wrongs as Public Wrongs
5. Exploitation at Work: Beyond a 'Criminalization' or 'Regulatory Alternatives' Dichotomy, Jennifer Collins
6. The Duty of Loyalty and the Scope of the Law of Fraud, Hugh Collins
7. Wage Theft as a Legal Concept, Sarah Green
8. The Criminalization of Workplace Harassment and Abuse: An Over-personalized Wrong? Alan Bogg and Mark Freedland
9. Sex, Work, and Criminalization, Michelle Madden Dempsey
10. The Work of Sex Work: Prostitution, Unfreedom and Criminality at Work, Katie Cruz
11. Human Rights, Labour Rights, and Criminal Wrongs, Virginia Mantouvalou
Part III: The Contemporary Shape of Criminalization Practices: Risk, Status and Character in the Neoliberal Criminal Law
12. The Preventive Role of the Criminal Law in Employment Relations, Andrew Ashworth and Jennifer Collins
13. Licensing of Employing Entities and Criminalization, ACL Davies
14. Criminalizing Care Workers. A Critique of Prosecution for Ill-treatment or Wilful Neglect, LJB Hayes
15. The Medical Professional as Special Before the Criminal Law, Suzanne Ost
16. Victim or Perpetrator? The Criminal Migrant and the Idea of 'Harm' in a Labour Market Context, Cathryn Costello
17. Doing the Dirty Job: Labour at the Intersections of Criminal Law and Immigration Controls, Ana Aliverti
18. Modern Slavery, Domestic Work and the Criminal Law, Jonathan Herring
19. The Persistence of Criminal Law and Police in Collective Labour Relations, Alan Bogg, KD Ewing and Andrew Moretta
Part IV: Criminalization and Enforcement
20. Workplace Safety and Criminalization: A Double-Edged Sword, Paul Almond
21. The Criminalization of Health and Safety at Work, Michael Ford
22. Accessory Liability for National Minimum Wage Violations in the Fissured Workplace, Alan Bogg and Paul S Davies
Part V: Comparative Perspectives on Criminalization
23. Class Crimes: Master and Servant Laws and Factories Acts in Industrializing Britain and (Ontario) Canada, Eric Tucker and Judy Fudge
24. Criminalization, Social Exclusion and Access to Employment, Marilyn J Pittard
25. The Carceral State at Work: Exclusion, Coercion, and Subordinated Inclusion, Noah Zatz
26. Restorative Regulation of Criminality at Work in Canada: Workplace Safety, Penal Law and Human Capability Enhancement, Bruce P Archibald, QC
