Legal Sanctioning And Social Control

A collection of theoretical and descriptive articles which examine systems of administering justice and dispensing sanctions outside the state. The volume includes the practices of disciplinary bodies, boards and councils of industrial organizations, tribunals and disciplinary committees.

Why do corporations obey the law? When companies violate the law, what kinds of interventions are most apt to correct their behavior and return them to compliant status? In this book Sally Simpson examines whether the shift towards the use of criminal law, with its emphasis on punishment and stigmatization, is an effective strategy for controlling illegal corporate behavior. She concludes that strict criminalization models will not yield sufficiently high levels of compliance. Empirical data suggest that in most cases cooperative models work best with most corporate offenders. Because some corporate managers, however, respond primarily to instrumental concerns, Simpson argues that compliance should also be buttressed by punitive strategies. Her review and application of the relevant empirical literature on corporate crime and compliance combined with her judicious examination of theory and approaches, make a valuable new contribution to the literature on white-collar crime and deterrence and criminal behavior more generally.

In Social Control Through Law Roscoe Pound formulates a list of social-ethical principles with a three-fold purpose. First, they are meant to identify and explain human claims, demands, or interests of a given social order. Second, they express what the majority of individuals in a given society want the law to do. Third, they are meant to guide the courts in applying the law. Pound distinguishes between individual interests, public interests, and social interests. He warns that these three types of interests are overlapping and interdependent and that most claims, demands, and desires can be placed in all three categories. Pound's theory of social interests is crucial to his thinking about law and lies at the conceptual core of sociological jurisprudence.

This book outlines how community sentences and early release options are administered in China. Chen provides empirical insights into the emerging community sector of the Chinese penal system, and illustrates how Chinese criminal courts decide between imprisonment and community sentences. Drawing on interviews with government and non-governmental supervisors, this methodological and rigorous study offers an in-depth discussion of the enforcement of these community sanctions and measures (CSM). By using the CSM reform as an example, this book illustrates the adaptation of Chinese governance and social control. Ultimately, Chen argues that the current model of governance in China (disciplinary governance) cannot guarantee an effective state-agent relationship; it also denies local governments sufficient legitimacy to secure social stability. Finally, proposing that only the rule of law and an active judiciary can complement these two deficiencies, this book will be of great interest to scholars of criminology, law, and penology, as well as anyone who is interested in how China is held together in a socio-legal sense.

While crime, law, and punishment are subjects that have everyday meanings not very far from their academic representations, "social control" is one of those terms that appear in the sociological discourse without any corresponding everyday usage. This concept has a rather mixed lineage. "After September 11" has become a slogan that conveys all things to all people but carries some very specific implications on interrogation and civil liberties for the future of punishment and social control. The editors hold that the already pliable boundaries between ordinary and political crime will become more unstable; national and global considerations will come closer together; domestic crime control policies will be more influenced by interests of national security; measures to prevent and control international terrorism will cast their reach wider (to financial structures and ideological support); the movements of immigrants, refugees, and asylum seekers will be curtailed and criminalized; taken-for-granted human rights and civil liberties will be restricted. In the midst of these dramatic social changes, hardly anyone will notice the academic field of "punishment and social control" being drawn closer to political matters. Criminology is neither a "pure" academic discipline nor a profession that offers an applied body of knowledge to solve the crime problem. Its historical lineage has left an insistent tension between the drive to understand and the drive to be relevant. While the scope and orientation of this new second edition remain the same, in recognition of the continued growth and diversity of interest in punishment and social control, new chapters have been added and several original chapters have been updated and revised.