This book is a major contribution to regulatory theory from three members of the world-class regulatory research group based in Australia. It marks a new development in responsive regulatory theory in which a strengths-based pyramid complements the regulatory pyramid. The authors compare the accomplishments of nursing home regulation in the US, the UK and Australia during the last 20 years and in a longer historical perspective. They find that gaming and ritualism, rather than defiance of regulators, are the greatest challenges for improving safety and quality of life for the elderly in care homes. Regulating Aged Care shows how good regulation and caring professionalism can transcend ritualism. Better regulation is found to be as much about encouragement to expand strengths as incentives to fix problems. The book is underpinned by one of the most ambitious, sustained qualitative and quantitative data collections in both the regulatory literature and the aged care literature. This study provides an impressive evidence base for both theory development and reassessment of policy and practitioner responses in the field. The book will find its readership amongst regulatory scholars in political science, law, socio-legal studies, sociology, economics and public policy. Gerontology and health care scholars and professionals will also find much to reflect upon in the book.

First published in 1979, Inequality, Crime, and Public Policy integrates and interprets the vast corpus of existing research on social class, slums, and crime, and presents its own findings on these matters. It explores two major questions. First, do policies designed to redistribute wealth and power within capitalist societies have effects upon crime? Second, do policies created to overcome the residential segregation of social classes have effects on crime? The book provides a brilliantly comprehensive and systematic review of the empirical evidence to support or refute the classic theories of Engles, Bonger, Merton, Cloward and Ohlin, Cohen, Miller, Shaw and McKay, amongst many others. Braithwaite confronts these theories with evidence of the extent and nature of white collar crime, and a consideration of the way law enhancement and law enforcement might serve class interest.

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 of how the government can support and encourage industry self-regulation.

New intellectual property regimes are entrenching new inequalities. Access to information is fundamental to the exercise of human rights and marketplace competition, but patents are being used to lock up vital educational, software, genetic and other information, creating a global property order dominated by a multinational elite. How did intellectual property rules become part of the World Trade Organization's "free trade" agreements? How have these rules changed the knowledge game for international business? What are the consequences for the ownership of biotechnology and digitial technology, and for all those who have to pay for what was once shared information?;Based on extensive interviews with key players, this book tells the story of these profound transformations in information ownership. The authors argue that in the globalized information society, the rich have found new ways to rob the poor, and shows how intellectual property rights can be more democratically defined.

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 deterrence only after restoration repeatedly fails, and incapacitation only after escalated deterrence fails. Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.

First published in 1979, Inequality, Crime, and Public Policy integrates and interprets the vast corpus of existing research on social class, slums, and crime, and presents its own findings on these matters. It explores two major questions. First, do policies designed to redistribute wealth and power within capitalist societies have effects upon crime? Second, do policies created to overcome the residential segregation of social classes have effects on crime? The book provides a brilliantly comprehensive and systematic review of the empirical evidence to support or refute the classic theories of Engles, Bonger, Merton, Cloward and Ohlin, Cohen, Miller, Shaw and McKay, amongst many others. Braithwaite confronts these theories with evidence of the extent and nature of white collar crime, and a consideration of the way law enhancement and law enforcement might serve class interest.

Regulating Law explores how the goals and policies of the new regulatory state are fundamentally reshaping jurisprudence in the domains of public law, private law, and the regulation of work and business. Fourteen areas of the core legal curriculum are reassessed from the standpoint of the impact of regulation on mainstream legal doctrine. 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. 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. Their contributions provide a rich analysis of the limits and potential of legal doctrine as an instrument of control both in regulatory settings, and in settings traditionally immune from regulatory analysis. The result is an examination of the regulation of the doctrines of law itself, and of the way in which law regulates other forms of regulation and social ordering- law as subject and object of regulation.

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 markets in vice to markets of virtue. Essential reading for anyone involved in policy, governance, and regulation, Markets in Vice, Markets in Virtue provides a blueprint for restoring the equity of Western tax systems and a breakthrough theory of how regulators can support markets in virtue and curtail markets in vice.

A new approach to sentencing Not Just Deserts inaugurates a radical shift in the research agenda of criminology. The authors 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 draws on a philosophical view of the good and the right, and which points the way to practical intervention in the real world of incremental reform. They put the case for a criminal justice system which maximizes freedom in the old republican sense of the term, and which they call `dominion'.

Biosocial criminology-and biosocial criminologists-focuses on both the environmental and biological factors that contribute to antisocial behavior. Importantly, these two domains are not separate parts of an equation but pieces of the same puzzle that fit together for a complete picture of the causes of crime/antisocial behavior. Fitting the Facts of Crime applies a biopsychosocial lens to the "13 facts of crime" identified by John Braithwaite in his classic book, Crime, Shame and Reintegration. The authors unpack established facts-about gender and sex, age, environment, education, class, social bonds and associations, stress, and other influences-providing both empirical research and evidence from biopsychosocial criminology to address the etiology behind these facts and exactly how they are related to deviant behavior. With their approach, the authors show how biopsychosocial criminology can be a unifying framework to enrich our understanding of the most robust and well-established topics in the field. In so doing, they demonstrate how biological and psychological findings can be responsibly combined with social theories to lend new insight into existing inquiries and solutions. Designed to become a standard text for criminology in general, Fitting the Facts of Crime introduces key concepts and applies them to real-world situations.

In Restorative and Responsive Human Services, Gale Burford, John Braithwaite, and Valerie Braithwaite bring together a distinguished collection providing rich lessons on how regulation in human services can proceed in empowering ways that heal and are respectful of human relationships and legal obligations. The human services are in trouble: combining restorative justice with responsive regulation might redeem them, renewing their well-intended principles. Families provide glue that connects complex systems. What are the challenges in scaling up relational practices that put families and primary groups at the core of health, education, and other social services? This collection has a distinctive focus on the relational complexity of restorative practices. How do they enable more responsive ways of grappling with complexity than hierarchical and prescriptive human services? Lessons from responsive business regulation inform a re-imagining of the human services to advance wellbeing and reduce domination. Readers are challenged to re-examine the perverse incentives and contradictions buried in policies and practices. How do they undermine the capacities of families and communities to solve problems on their own terms? This book will interest those who harbor concerns about the creep of domination into the lives of vulnerable citizens. It will help policymakers and researchers to re-focus human services to fundamental outcomes at the foundation of sustainable democracies. This book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution- Non Commercial-No Derivatives 4.0 license.

Biosocial criminology-and biosocial criminologists-focuses on both the environmental and biological factors that contribute to antisocial behavior. Importantly, these two domains are not separate parts of an equation but pieces of the same puzzle that fit together for a complete picture of the causes of crime/antisocial behavior. Fitting the Facts of Crime applies a biopsychosocial lens to the "13 facts of crime" identified by John Braithwaite in his classic book, Crime, Shame and Reintegration. The authors unpack established facts-about gender and sex, age, environment, education, class, social bonds and associations, stress, and other influences-providing both empirical research and evidence from biopsychosocial criminology to address the etiology behind these facts and exactly how they are related to deviant behavior. With their approach, the authors show how biopsychosocial criminology can be a unifying framework to enrich our understanding of the most robust and well-established topics in the field. In so doing, they demonstrate how biological and psychological findings can be responsibly combined with social theories to lend new insight into existing inquiries and solutions. Designed to become a standard text for criminology in general, Fitting the Facts of Crime introduces key concepts and applies them to real-world situations.

This book addresses one of the most controversial topics in restorative justice: its potential for resolving conflicts within families. It focuses on feminist and indigenous concerns in family violence that may warrant special caution in applying restorative justice. At the same time, it looks for ways of designing a place for restorative interventions that respond to these concerns.

This book addresses one of the most controversial topics in restorative justice: its potential for resolving conflicts within families. It focuses on feminist and indigenous concerns in family violence that may warrant special caution in applying restorative justice. At the same time, it looks for ways of designing a place for restorative interventions that respond to these concerns.

This ground-breaking book is a sequel to John Braithwaite's influential book Crime, Shame and Reintegration. It contributes to our understanding of shame in a theoretical sense, and through its detailed analysis of shame management in cases of drink-driving and school bullying, in a practical sense. Ultimately, the book develops an ethical-identity conception of shame, and a theory of reintegrative shame. Written by the key exponents of restorative justice and presenting important new research, the book will be influential in the often controversial debate about punishing and shaming.

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 justice process.

In modern society corporate activities frequently result in serious harm, whether to the environment, to victims of industrial accidents, or to persons who suffer loss from fraudulent operations. In such cases who should be held responsible, the corporation or individual employees? This book explains why accountability is rarely imposed under the present law, and proposes solutions which 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 to achieve accountability across a broad front.

In modern society corporate activities frequently result in serious harm, whether to the environment, to victims of industrial accidents, or to persons who suffer loss from fraudulent operations. In such cases who should be held responsible, the corporation or individual employees? This book explains why accountability is rarely imposed under the present law, and proposes solutions which 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 to achieve accountability across a broad front.

Contemporary societies have more vibrant markets than past ones. Yet they are more heavily populated by private and public regulators. This book explores the features of such a regulatory capitalism, its tendencies to be cyclically crisis-ridden, ritualistic and governed through networks. New ways of thinking about resultant policy challenges are developed. At the heart of this latest work by John Braithwaite lies the insight by David Levi-Faur and Jacint Jordana that the welfare state was succeeded in the 1970s by regulatory capitalism. The book argues that this has produced stronger markets, public regulation, private regulation and hybrid private/public regulation as well as new challenges such as a more cyclical quality to crises of market and governance failure, regulatory ritualism and markets in vice. However, regulatory capitalism also creates opportunities for better design of markets in virtue such as markets in continuous improvement, privatized enforcement of regulation, open source business models, regulatory pyramids with networked escalation and meta-governance of justice. Regulatory Capitalism will be warmly welcomed by regulatory scholars in political science, sociology, history, economics, business schools and law schools as well as regulatory bureaucrats, policy thinkers in government and law and society scholars.

Restorative Justice has become an important new way of thinking about crime, responsive regulation an influential way of thinking about business regulation. In this volume, John Braithwaite brings together his important work on restorative justive with his work on business regulation to form a sweepingly novel picture of the way society regulates itself.

This ground-breaking book is a sequel to John Braithwaite's influential book Crime, Shame and Reintegration. It contributes to our understanding of shame in a theoretical sense, and through its detailed analysis of shame management in cases of drink-driving and school bullying, in a practical sense. Ultimately, the book develops an ethical-identity conception of shame, and a theory of reintegrative shame. Written by the key exponents of restorative justice and presenting important new research, the book will be influential in the often controversial debate about punishing and shaming.

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 justice process.