Pub Date : 2023-09-18DOI: 10.1007/s10611-023-10119-5
Jasmine Elliott
Abstract Key corruption issues, like lack of transparency in beneficial ownership and money laundering, are inherently transnational. They are facilitated by professional services, like corporate lawyers, who work with various standards, regulations, and global financial flows that can move the proceeds of crime across the world. This paper uses reflective equilibrium to analyze the tensions between the philosophical principles of complicity and collective responsibility and the principles found in the professional role of lawyers in society to reflect on the corporate legal profession’s role in enabling corruption. Furthermore, this paper explores how these tensions can be addressed and how lawyers can be situated in anti-corruption collective action theory and practical collective action initiatives. For example, the legal profession has a collective obligation to maintain and self-patrol the profession’s ethics, primarily through their regulating authorities, and it should be considered to what extent these authorities are promoting anti-corruption standards or reprimanding lawyers who are complicit in corrupt acts. There is also an opportunity for corporate lawyers to use their role in society to develop more collective action initiatives to address issues of transnational corruption, which may include enforcing a higher collective standard in providing advice or advocating for legislators to fix regulations and promote legislation that addresses corrupt practices.
{"title":"The corporate legal profession’s role in global corruption: obligations and opportunities for contributing to collective action","authors":"Jasmine Elliott","doi":"10.1007/s10611-023-10119-5","DOIUrl":"https://doi.org/10.1007/s10611-023-10119-5","url":null,"abstract":"Abstract Key corruption issues, like lack of transparency in beneficial ownership and money laundering, are inherently transnational. They are facilitated by professional services, like corporate lawyers, who work with various standards, regulations, and global financial flows that can move the proceeds of crime across the world. This paper uses reflective equilibrium to analyze the tensions between the philosophical principles of complicity and collective responsibility and the principles found in the professional role of lawyers in society to reflect on the corporate legal profession’s role in enabling corruption. Furthermore, this paper explores how these tensions can be addressed and how lawyers can be situated in anti-corruption collective action theory and practical collective action initiatives. For example, the legal profession has a collective obligation to maintain and self-patrol the profession’s ethics, primarily through their regulating authorities, and it should be considered to what extent these authorities are promoting anti-corruption standards or reprimanding lawyers who are complicit in corrupt acts. There is also an opportunity for corporate lawyers to use their role in society to develop more collective action initiatives to address issues of transnational corruption, which may include enforcing a higher collective standard in providing advice or advocating for legislators to fix regulations and promote legislation that addresses corrupt practices.","PeriodicalId":47577,"journal":{"name":"Crime Law and Social Change","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135202804","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-16DOI: 10.1007/s10611-023-10118-6
Yunmei Wu, Benjamin van Rooij, Marieke Kluin
Abstract This paper showcases an organizational life-cycle analysis of corporate offending behavior in small businesses. It analyzes two small food and hospitality firms in China, drawing on deep ethnographic data collected during three years of fieldwork. The paper investigates these two businesses as they go through three phases: pre-existence, existence, and survival. The study shows that organizational life-course analysis is important for understanding the development and root causes of organizational offending. It finds that offending evolves alongside the development of the organization. It shows that an organizational life-cycle analysis should focus not just on changes in the corporation itself, but also on how the regulatory context changes over the course of the organization’s development and maturing. Stages in the business cycle coincide with changes in regulatory encounters, and this shapes how corporations view what regulators expect of them and the extent to which they can violate such expectations. This points to a broader form of life-course analysis. It urges the field to moves beyond an analysis of changes in the business to also study the how such changes coincide with changes in the regulatory frameworks that are supposed to monitor and reduce offending.
{"title":"Organizational life-cycle analysis of corporate offending: insights into how changes in business cycles interact with regulatory oversight to shape compliance and violations","authors":"Yunmei Wu, Benjamin van Rooij, Marieke Kluin","doi":"10.1007/s10611-023-10118-6","DOIUrl":"https://doi.org/10.1007/s10611-023-10118-6","url":null,"abstract":"Abstract This paper showcases an organizational life-cycle analysis of corporate offending behavior in small businesses. It analyzes two small food and hospitality firms in China, drawing on deep ethnographic data collected during three years of fieldwork. The paper investigates these two businesses as they go through three phases: pre-existence, existence, and survival. The study shows that organizational life-course analysis is important for understanding the development and root causes of organizational offending. It finds that offending evolves alongside the development of the organization. It shows that an organizational life-cycle analysis should focus not just on changes in the corporation itself, but also on how the regulatory context changes over the course of the organization’s development and maturing. Stages in the business cycle coincide with changes in regulatory encounters, and this shapes how corporations view what regulators expect of them and the extent to which they can violate such expectations. This points to a broader form of life-course analysis. It urges the field to moves beyond an analysis of changes in the business to also study the how such changes coincide with changes in the regulatory frameworks that are supposed to monitor and reduce offending.","PeriodicalId":47577,"journal":{"name":"Crime Law and Social Change","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135308165","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-12DOI: 10.1007/s10611-023-10117-7
David Rodríguez Goyes
Abstract Since the 1970s, the world has witnessed a proliferation of international treaties championing the protection of wildlife. The effectiveness of those treaties, which together comprise international wildlife law (IWL), depends on their national implementation by individual states rather than on their number. National implementation of IWL ranges from legislative action, to resource allocation, to individual behavioural change. Inadequate IWL implementation can facilitate and even lead to wildlife crime. Therefore, examining how countries operationalise their commitments derived from IWL is important to understand the efficacy (or lack thereof) of wildlife treaties. The main goal of this article is to investigate the dynamics by which nations internalise international wildlife commitments into state law, by using Norway as a case study. The article thus explores the social dynamics that shaped the domestic legal action that Norway undertook after its ratification of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention). The study is based on historical data documenting Norway’s legislative processes derived from the conventions and historical records of the country’s environmental conflicts. It applies Chambliss’s sociology of law perspective on conflict to interpret the material. While many globalisation scholars hold that globalisation stripped states of legislative sovereignty, this article argues that Norway’s wildlife policy is mostly dependent on clashes between national forces, rather than Norway conceding legislative powers to the international community. In other words, the tension between economic growth and ecosystem conservation determines how Norway implements IWL commitments. This article contributes to the literature on environmental regime effectiveness and the domestic impact of treaties.
{"title":"National legislative adoption of international wildlife law after treaty ratification","authors":"David Rodríguez Goyes","doi":"10.1007/s10611-023-10117-7","DOIUrl":"https://doi.org/10.1007/s10611-023-10117-7","url":null,"abstract":"Abstract Since the 1970s, the world has witnessed a proliferation of international treaties championing the protection of wildlife. The effectiveness of those treaties, which together comprise international wildlife law (IWL), depends on their national implementation by individual states rather than on their number. National implementation of IWL ranges from legislative action, to resource allocation, to individual behavioural change. Inadequate IWL implementation can facilitate and even lead to wildlife crime. Therefore, examining how countries operationalise their commitments derived from IWL is important to understand the efficacy (or lack thereof) of wildlife treaties. The main goal of this article is to investigate the dynamics by which nations internalise international wildlife commitments into state law, by using Norway as a case study. The article thus explores the social dynamics that shaped the domestic legal action that Norway undertook after its ratification of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention). The study is based on historical data documenting Norway’s legislative processes derived from the conventions and historical records of the country’s environmental conflicts. It applies Chambliss’s sociology of law perspective on conflict to interpret the material. While many globalisation scholars hold that globalisation stripped states of legislative sovereignty, this article argues that Norway’s wildlife policy is mostly dependent on clashes between national forces, rather than Norway conceding legislative powers to the international community. In other words, the tension between economic growth and ecosystem conservation determines how Norway implements IWL commitments. This article contributes to the literature on environmental regime effectiveness and the domestic impact of treaties.","PeriodicalId":47577,"journal":{"name":"Crime Law and Social Change","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135830574","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-08DOI: 10.1007/s10611-023-10112-y
Natalie Flath, Jordan J. White, Karin Tobin, Carl Latkin
{"title":"Criminal justice involvement, structural vulnerability and social safety net services among people living with HIV in Baltimore","authors":"Natalie Flath, Jordan J. White, Karin Tobin, Carl Latkin","doi":"10.1007/s10611-023-10112-y","DOIUrl":"https://doi.org/10.1007/s10611-023-10112-y","url":null,"abstract":"","PeriodicalId":47577,"journal":{"name":"Crime Law and Social Change","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2023-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46479875","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-07DOI: 10.1007/s10611-023-10115-9
Bo Dong, Sergei Chernov, Kevser Ovaz Akpinar
{"title":"Correction to: legal aspects of corporate systems for preventing cybercrime among personnel","authors":"Bo Dong, Sergei Chernov, Kevser Ovaz Akpinar","doi":"10.1007/s10611-023-10115-9","DOIUrl":"https://doi.org/10.1007/s10611-023-10115-9","url":null,"abstract":"","PeriodicalId":47577,"journal":{"name":"Crime Law and Social Change","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2023-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42339208","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-23DOI: 10.1007/s10611-023-10109-7
Sylwia J. Piatkowska, Whitney Whittington
{"title":"COVID-19 as a trigger for racially motivated and extremist violent crime: a temporal analysis of hate crimes in Slovakia amidst a global pandemic","authors":"Sylwia J. Piatkowska, Whitney Whittington","doi":"10.1007/s10611-023-10109-7","DOIUrl":"https://doi.org/10.1007/s10611-023-10109-7","url":null,"abstract":"","PeriodicalId":47577,"journal":{"name":"Crime Law and Social Change","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2023-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43001434","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-08DOI: 10.1007/s10611-023-10108-8
Bo Dong, S. Chernov, Kevser Ovaz Akpinar
{"title":"Legal aspects of corporate systems for preventing cybercrime among personnel","authors":"Bo Dong, S. Chernov, Kevser Ovaz Akpinar","doi":"10.1007/s10611-023-10108-8","DOIUrl":"https://doi.org/10.1007/s10611-023-10108-8","url":null,"abstract":"","PeriodicalId":47577,"journal":{"name":"Crime Law and Social Change","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2023-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45755811","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-21DOI: 10.1007/s10611-023-10107-9
Valentin Pereda
{"title":"How organizational culture shapes criminal organizations’ street-level territorial control capabilities: a study of Los Zetas","authors":"Valentin Pereda","doi":"10.1007/s10611-023-10107-9","DOIUrl":"https://doi.org/10.1007/s10611-023-10107-9","url":null,"abstract":"","PeriodicalId":47577,"journal":{"name":"Crime Law and Social Change","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2023-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45196255","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-11DOI: 10.1007/s10611-023-10103-z
M. Kravtsova, A. Oshchepkov
{"title":"Market and network corruption: Theory and evidence","authors":"M. Kravtsova, A. Oshchepkov","doi":"10.1007/s10611-023-10103-z","DOIUrl":"https://doi.org/10.1007/s10611-023-10103-z","url":null,"abstract":"","PeriodicalId":47577,"journal":{"name":"Crime Law and Social Change","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2023-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46303515","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-05DOI: 10.1007/s10611-023-10105-x
D. R. Goyes, May-Len Skilbrei
{"title":"Rich scholar, poor scholar: inequalities in research capacity, “knowledge” abysses, and the value of unconventional approaches to research","authors":"D. R. Goyes, May-Len Skilbrei","doi":"10.1007/s10611-023-10105-x","DOIUrl":"https://doi.org/10.1007/s10611-023-10105-x","url":null,"abstract":"","PeriodicalId":47577,"journal":{"name":"Crime Law and Social Change","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2023-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44114609","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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