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Regulation Crisis: Evaluating the Potential Legitimizing Effects of “Corporate Manslaughter” Cases
Author(s) -
ALMOND PAUL
Publication year - 2007
Publication title -
law and policy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.534
H-Index - 45
eISSN - 1467-9930
pISSN - 0265-8240
DOI - 10.1111/j.1467-9930.2007.00256.x
Subject(s) - legitimacy , agency (philosophy) , power (physics) , work (physics) , law and economics , executive power , political science , regulatory agency , law , business , politics , economics , sociology , public administration , engineering , mechanical engineering , social science , physics , quantum mechanics
This article identifies a new direction for discussion of the proposed “corporate manslaughter” offense. Considering work‐related fatality cases with reference to the concept of legitimacy allows us to obtain a fuller understanding of their importance and the potential benefits associated with reform of the law. Work‐related fatality cases have inherent power as “signal offenses.” A failure to resolve these cases in a manner that satisfies the interests of the “publics” that the Health and Safety Executive (HSE) faces, may lead to a crisis of legitimacy for the agency. Reforming the law so as to facilitate such a response may offer important legitimatory benefits to regulators.