A new concept of criminology for the labour market

Legal Studies no 3, 2018

There are numerous pathologies in the labour market. However, until now, no effort has been made to approach this subject from the perspective of crim-inology. In this study, I use the conceptual apparatus of criminology to create a model describing negative phenomena on the labour market. The key element of this model is referred to as a labour market delict (violation), a term which denotes any behaviour by a participant in this market which may lead to infringement of the rights of or damages to the possessions of another market participant, or which may create a threat to the common good, such as social order or justice, or which puts into question the economic and social meaning of work. Delicts of the labour market can be recognized in several areas, such as those involving wages, partner obligations, safety, or duties towards the workplace . The article also contains a theoretical model of labour market delicts and an analysis of preliminary empirical survey of this issue .

Trends in Organized Crime, 2019

The regulation and governance of labour exploitation is a well-researched area across numerous disciplines. Common approaches towards regulating labour exploitation in businesses and supply chains include state interventions to tackle organised crime via the criminal justice system. However, due to strict criminal-legal definitions, these interventions are only possible when targeting severe exploitation. This emphasis means that a large amount of non-criminalised exploitation risks being overlooked. The purpose of this paper is to argue that non-state regulation is an important element in preventing routinised forms of labour exploitation, whereby a criminological perspective would help to understand and better prevent such practices. The paper examines state regulation, self-regulation of businesses, and trade union activity, which together addresses a wider range of labour exploitation. Semi-structured interviews from workers and supply chain stakeholders in the UK agri-food industry are used to inform this discussion. The governance of labour exploitation in relation to business activities has broader implications for the disciplinary areas of regulation and (corporate) criminology, whereby the former tends to prioritise restorative and persuasive approaches, whereas the latter focuses on deterrence and coercion. Ultimately, drawing together different strands of regulation into a hybrid approach is useful not only due to socio-political processes, but is arguably the most helpful in addressing routinised exploitation.

Annales. Etyka w Życiu Gospodarczym

The paper refers to selected issues of exploitation in the face of justice. The analysis is based on the definitions of exploitation contained in the Polish Penal and Civil Codes. The main goal is the identification of the necessary and sufficient conditions for the recognition of exploitation as being unjust. A supplementary question will refer to a specific type of justice which should be considered in this case. In this respect, we should consider retributive, distributive and social justice. Another important factor in this regard is the accepted theory of value. In the presented considerations, we will focus on the labour theory of value. The principal issue can be expressed by the questions whether exploitation is ipso facto unjust and how the phenomena of exploitation and justice are related to each other.

Crime, law and social change, 2002

In criminological discourse a distinction is made between organised crime and white-collar crime, though global economic change no longer justifies such distinction. Many criminologists, who usually base their reasoning on external political, social or economic ...

SANTO, Luiz dal; PENNA, Carla Sepúlveda (eds). Southernising Criminology. London: Routledge, 2024., 2024

Southernising Criminology is a three-part compendium of essays on theory, method and praxis, meticulously edited by Luiz Dal Santo and Carla Sepulveda. The authors do not shy away from the gargantuan challenges of democratising criminological knowledge that has privileged Northern-centric ways of thinking for more than a century. As the chapters illustrate this unfolding project is a plural and collectivist movement of multiples voices. The journey brings theory and praxis from the margins to the centre to bridge global divides in the pursuit of a more just and inclusive criminology and criminal justice systems around the world. Southernising Criminology is essential reading for students, activists, policy makers and scholars interested in the subject.'-Kerry Carrington, Adjunct Professor, School of Law and Society, University of the Sunshine Coast 'Southernising Criminology as a movement in contemporary criminology is too diverse and dynamic to be defined in a textbook or captured in an ordinary handbook but Santo and Sepulveda have organized a multi-generational and multinational group of leading and emerging scholars of comparative and critical criminology to provide the reader with the methodological and theoretical tools needed to join the discussion.'-Jonathan Simon, Lance Robbins Professor of Criminal Justice Law, Center for the Study of Law & Society, UC Berkeley, School of Law 'This is an urgent and important book. The editors have assembled an impressive range of scholars to interrogate the theoretical, methodological and political questions posed by the ambition to 'Southernize' criminology. It offers an invaluable resource for serious thinking about what it means to democratise criminological knowledge production.'

International Journal of Economics and Finance, 2018

This paper investigates the existence of wage discrimination to inmates. Based on data collected from the Coordination Center for the Execution of Penalties and Alternative Measures (CEPEMA) for people serving in an open prison in Brasília (DF), a comparative approach was conducted with data collected from PNAD. It was then possible to verify using the decomposition process of Oaxaca-Ransom that there is statistical discrimination regarding to ex-convicts in the job market. Furthermore, it has been noticed that the full labor market participation of prisoners seems to be compromised to the extent that the empiricalresults support the assumption of Nagin and Waldfogel (1993). It indicates that access of the individual who been in prison to the job market is limited to the so-called spot market or temporary labor market. This segment of the labor market should not be confused with the so-called part time.Thus, one of the negative effects that can be understood from this is a reduction...

Bergen Journal of Criminal Law & Criminal Justice, 2013

2016

There is a growing body of research concerned with the prevalence, antecedents and impacts of interpersonal workplace violence which causes significant psycho-social injuries. Contributions have been made by sociologists, psychologists, organisational behaviourists and management functionalists. However there has been a paucity of attention by criminological theorists or empiricists despite the well documented costs for victims, bystanders, employers and the public purse. Drawing from key themes within existing literature, this paper applies constructive criminology principles and normalisation theory to extend the understanding of interpersonal violence within the workplace and challenges to prevention. This is not an argument for greater application of criminal law but rather an argument that such violence and consequent psycho-social injuries be recognised as a source of victimisation and a matter of justice. Key Words: workplace violence, constructive criminology, discursive pra...

Journal of Modern Science

Purpose of the work is to investigate theoretical principles of employees' rights protection in the context of responsibility for mobbing. The theoretical and methodological basics of the research are general scientific and special methods of certain jurisprudence phenomena and processes' cognition. The dialectical method was used in the synthesis of theoretical and methodological foundations of employment policy abroad and in Ukraine, as well as formulating conclusions. Thus, we used a common dialectic method which allowed us to reveal the content of employer, employee and mobbing in the context of the domestic and foreign scholars' experience. We also have used abstract and logical investigation methods of law process in the field of employee's rights protection. Statistical methods were used for analyzing trends of employee's rights in different countries. The authors investigated: the main stages of the employment in Ukraine; focused attention on three events that occur during the legal employment of a hired worker; the definition of the mobbing, its concept, the experience of counteracting and establishing responsibility for this offense in the EU. The paper identified the main principles of the mobbing counteracting system's development in Ukraine. In further investigations it is necessary to make a distinction between actions that

Edinburgh Law Review, 2012