This book transcends current debate on government regulation by lucidly outlining how regulations can be a fruitful combination of persuasion and sanctions. The regulation of business by the United States government is often ineffective despite being more adversarial in tone than in other nations. The authors draw on both empirical studies of regulation from around the world and modern game theory to illustrate innovative solutions to this problem. Their ideas include an argument for the empowerment of private and public interest groups in the regulatory process and a provocative discussion...

This book transcends current debate on government regulation by lucidly outlining how regulations can be a fruitful combination of persuasion and sanctions. The regulation of business by the United States government is often ineffective despite being more adversarial in tone than in other nations. The authors draw on both empirical studies of regulation from around the world and modern game theory to illustrate innovative solutions to this problem. Their ideas include an argument for the empowerment of private and public interest groups in the regulatory process and a provocative discussion...

Braithwaite's argument against punitive justice systems and for restorative justice systems establishes that there are good theoretical and empirical grounds for anticipating that well designed restorative justice processes will restore victims, offenders, and communities better than existing criminal justice practices. Counterintuitively, he also shows that a restorative justice system may deter, incapacitate, and rehabilitate more effectively than a punitive system. This is particularly true when the restorative justice system is embedded in a responsive regulatory framework that opts for...

This sweeping, comparative study of taxation in the United States and Australia shows that even as governments in the Western world have become increasingly sophisticated tax collectors, a competitive and ruthless market in advice on tax avoidance has developed. The same competitive forces in the late twentieth century which have driven down prices and sparked efficiencies in the production of fast food or computer parts have helped stimulate the markets for "bads" like tax shelters and problem gambling. Braithwaite draws the surprising conclusion that effective regulation could actually flip...

Introducing a radical shift in the research agenda of criminology, Braithwaite and Pettit here attack currently fashionable retributivist theories of punishment, arguing that the criminal justice system is so integrated that sentencing policy has to be considered in the system-wide context. They offer a comprehensive theory of criminal justice which points the way to practical intervention in the real world of incremental reform, and argue for a republican criminal justice system where the maximizing of individual dominion is set as the goal for progressive policy change.

To date, regulatory scholarship has mainly been applied to specific legislative programs and/or agencies for the social and economic regulation of business. In this volume, a cast of internationally renowned legal scholars each apply a 'regulatory perspective' to their own area of law. The volume examines the collision of regulation by law with regulation by other means and provides an innovative regulatory perspective for the whole of law.

Advocates of restorative justice question the state's ability to deliver satisfactory justice. This provocative volume looks at the flourishing restorative justice movement and considers the relationship between restorative justice and civil society. Genuinely international, it addresses aspects of civil society including schools, families, churches and private workplaces and considers broader issues such as democracy, human rights, access and equity. It presents the ideals of restorative justice so that victims, offenders, their families and communities might have more representation in the...

This ground-breaking book follows on from John Braithwaite's influential and best-selling Crime, Shame and Reintegration.

This book, a contribution to general criminological theory, suggests that the key to why some societies have higher crime rates than others lies in the way different cultures go about the social process of shaming wrongdoers. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be extraordinarily powerful, efficient, and just form of social control.

This book explains why accountability for corporate crime is rarely imposed under the present law, and proposes solutions that would help to extend responsibility to a wide range of actors. The authors develop an Accountability Model under which the courts and corporations work together by having the law harness the internal disciplinary systems of organizations. In this way accountability would be achieved across a much broader front than would otherwise be possible.