John Braithwaite

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.

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.

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.

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.

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 digital 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.

Based on extensive interviews with key players, this text shows how the "knowledge economy" is making serfs of everyone bar a few multinational companies. The authors argue that in the globalized information society, the rich have found new ways to rob the poor, using intellectual property rules.

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.

This 2001 book is a follow-on to John Braithwaite's best-selling and influential Crime, Shame and Reintegration. Shame management is becoming a central concept, in theoretical and practical terms. This book makes a major contribution to the advancement of shame in a theoretical sense. For criminology, as well as for psychology, sociology and other areas, this accessible book serves as an introduction to the concepts of shame, guilt and embarrassment. Presenting research by the Restorative Justice Centre at the Australian National University, the book contributes immeasurably to the development of practical alternatives to common sanctions in an effort to reduce crime and other social problems. Written by the key exponents of restorative justice, the book is an important re-statement of the theory and practice of shaming. It will develop important and often controversial debates about punishment, shaming and restorative justice to a new level.

This 2001 book is a follow-on to John Braithwaite's best-selling and influential Crime, Shame and Reintegration. Shame management is becoming a central concept, in theoretical and practical terms. This book makes a major contribution to the advancement of shame in a theoretical sense. For criminology, as well as for psychology, sociology and other areas, this accessible book serves as an introduction to the concepts of shame, guilt and embarrassment. Presenting research by the Restorative Justice Centre at the Australian National University, the book contributes immeasurably to the development of practical alternatives to common sanctions in an effort to reduce crime and other social problems. Written by the key exponents of restorative justice, the book is an important re-statement of the theory and practice of shaming. It will develop important and often controversial debates about punishment, shaming and restorative justice to a new level.

Across an amazing sweep of the critical areas of business regulation - from contract, intellectual property and corporations law, to trade, telecommunications, labour standards, drugs, food, transport and environment - this book confronts the question of how the regulation of business has shifted from national to global institutions. Based on interviews with 500 international leaders in business and government, this book examines the role played by global institutions such as the WTO, the OECD, IMF, Moody’s and the World Bank, as well as various NGOs and significant individuals. The authors argue that effective and decent global regulation depends on the determination of individuals to engage with powerful agendas and decision-making bodies that would otherwise be dominated by concentrated economic interests. This book will become a standard reference for readers in business, law, politics and international relations.

Across an amazing sweep of the critical areas of business regulation - from contract, intellectual property and corporations law, to trade, telecommunications, labour standards, drugs, food, transport and environment - this book confronts the question of how the regulation of business has shifted from national to global institutions. Based on interviews with 500 international leaders in business and government, this book examines the role played by global institutions such as the WTO, the OECD, IMF, Moody’s and the World Bank, as well as various NGOs and significant individuals. The authors argue that effective and decent global regulation depends on the determination of individuals to engage with powerful agendas and decision-making bodies that would otherwise be dominated by concentrated economic interests. This book will become a standard reference for readers in business, law, politics and international relations.

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.

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.

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'.

Drawing extensively on empirical studies from the US, UK, Australia, and New Zealand, John Braithwaite and Ian Ayres offer an well-argued addition to the comparative literature on government regulation. In an effort to transcend the ongoing debate between those who favour strong state regulation and those who call for deregulation, they argue that regulation does not have to proceed with an adversarial tone, nor does it have to be `soft' or `hard' to be effective.

Crime, shame and reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to crimonologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.