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The Just Culture Principles in Aviation Law - Towards a Safety-Oriented Approach (Hardcover, 1st ed. 2019)
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The Just Culture Principles in Aviation Law - Towards a Safety-Oriented Approach (Hardcover, 1st ed. 2019)
Series: Legal Studies in International, European and Comparative Criminal Law, 3
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This book reviews and critically analyzes the current legal
framework with regard to a more just culture for the aviation
sector. This new culture is intended to protect front-line
operators, in particular controllers and pilots, from legal action
(except in the case of willful misconduct or gross negligence) by
creating suitable laws, regulations and standards. In this regard,
it is essential to have an environment in which all incidents are
reported, moving away from fears of criminalization. The approach
taken until now has been to seek out human errors and identify the
individuals responsible. This punitive approach does not solve the
problem because frequently the system itself is (also) at fault.
Introducing the framework of a just culture could ensure balanced
accountability for both individuals and complex organizations
responsible for improving safety. Both aviation safety and justice
administration would benefit from this carefully established
equilibrium.
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