Fatcats’ and Prosecution in a Regulatory Agency
A Footnote on the Social Construction of Risk 1
Bibliographic Data
| ID | 7907315 |
|---|---|
| Authors | Keith Hawkins (0000-0002-1423-2174), Keith A Hawkins (0000-0003-3494-2103, corresponding author) |
| Year | 1989 |
| Volume | 11 |
| Issue | 3 |
| Pages | 370-391 |
| Publication date | 1989-07-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Policy (JOURNAL) |
| Journal identifiers | ISSN: 0265-8240 • E-ISSN: 1467-9930 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1467-9930.1989.tb00034.x |
| OpenAlex | W2015481126 |
| Language | EN |
| Citations received | 12 |
| References cited | 10 |
This paper explores what, in the context of occupational health and safety regulation, the idea of risk means to legal actors whose task is to assess and act upon risks. It argues that while the occupational risk to the worker is important because it may prompt a regulatory response and it informs decisions about enforcement strategy, the decision‐maker contemplating formal legal action will become preoccupied with the risks posed by the legal process to the successful prosecution of the case. The legal risks arise from the nature of regulatory work and the form and character of regulatory law. Legal decisionmakers respond to these risks in a systematic fashion preferring to prosecute cases which are quick, straightforward and unlikely to be defended. This leads to the selection of cases which are breaches of absolute (rather than general) duties and violations of provisions relating to safety rather than health, thereby skewing the application of enforcement
Action (physics · Agency (philosophy · Business · Context (archaeology · Economics · Enforcement · Law and economics · Management · Political science · Process (computing · Regulatory agency · Sociology · Task (project management · Work (physics · Computer Science · Engineering · Law · Medical Malpractice and Liability Issues · Public Administration · Regulation and Compliance Studies · Wildlife Conservation and Criminology Analyses
Social Organization and Risk
Waiting for Crisis
The New Regulatory State and the Transformation of Criminology
The governance of sexual offending across Europe
Human Society as a Natural Phenomenon
Law and Inequality
Governing Inside the Organization
Hazards, Risks, and Enterprise
The Institutionalization of Risk
The Response of Business to Social Regulation in England and Wales
The Psychology of Routine Discretion
Regulatory and Administrative Agency Behavior
Environment and EnforcementRegulation and the Social Definition of Pollution
The Reasonable Arm of the Law? The Law Enforcement Procedures of Environmental Health Officers
The Letter of the Law? An Enquiry Into Reasoning and Formal Enforcement in the Industrial Air Pollution Inspectorate
Policing Pollution
We Don't Care about What Happened, We Only Care about What Is Going to Happen
Toward a Sociology of Organizational Crime
Mistakes at Work' the Social Organization of Error in Building Construction Work
Creating Cases in a Regulatory Agency
| Unique citing works | 12 |
|---|---|
| Citations per year | 0,32 |
| Citation span | 1989 - 2014 (26) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 11 |