Crime, Law and Social Change

http://link.springer.com/journal/10611

List of Papers (Total 65)

Prevention of money laundering and the role of asset recovery

The purpose of this paper is to examine the increasing emphasis of the UK anti-money laundering (AML) legislative framework, on the financial arrangements of criminals. Our qualitative study engaged key stakeholders from the AML environment through a series of focus groups. This included law enforcement; accountants; prosecutors; bankers and, importantly, ex-offenders. We argue...

Self-regulatory investments among private actors in the era of regulatory capitalism: the licensing of Swedish finance and securities industry employees

This article analyses the growth of the Swedish finance and securities industry’s employee licensing programme to advance our understanding of the growth, conditions, and function of various forms of self-regulation in the era of regulatory capitalism. It examines how the situations that are significant for private actors’ initiation and implementation of self-regulation are...

Client privilege, compliance and the rule of law: Swedish lawyers and money laundering prevention

Can, and will, lawyers police their clients? This article aims to shed light on the private front-line workers of the Financial Action Task Force on money laundering (FATF). The analysis is based on a study of how Swedish lawyers perceive and handle obligations to police clients within FATF style risk-based anti-money laundering/counter terrorism (AML/CTF) regulation. We find...

Re-thinking FATF: an experimentalist interpretation of the Financial Action Task Force

Most explanations of the Financial Action Task Force argue that material coercion plays a key role in the consolidation and diffusion of the global anti-money laundering regime. This paper looks carefully at the decision-making within FATF and argues that, at its most impactful, FATF operates in line with the principles of “experimentalist governance.” Experimentalism emphasizes...

The role of oversight in foreign-national only prisons: counteracting the disapplication of rehabilitation

In several European countries, prisons have been created solely to house foreign national prisoners without leave to remain. Contrary to contemporary international human rights law and standards on prison management, there seems to be a trend towards the disapplication of rehabilitative theory and practice for this group of prisoners. In particular, they do not seem to receive...

Can the AML system be evaluated without better data?

The Anti-Money Laundering regime has been important in harmonizing laws and institutions, and has received global political support. Yet there has been minimal effort at evaluation of how well any AML intervention does in achieving its goals. There are no credible estimates either of the total amount laundered (globally or nationally) nor of most of the specific serious harms...

The regime that FATF built: an introduction to the financial action task force

This article serves to introduce this special issue of Crime, Law, & Social Change on the Financial Action Task Force (FATF). It provides a primer on the history and purpose of FATF and lays out some of the central debates over FATF and the anti-money laundering (AML) regime. Finally, as a way of giving readers an overview of the articles in the special issue, it proposes a...

Norms, law and social change: Nigeria’s anti-corruption struggle, 1999–2017

Corruption is notoriously persistent in Nigeria notwithstanding the panoply of laws deployed over the years against it. This article argues that the factors constraining the effectiveness of laws in the fight against corruption are to be found not in the laws, but in the larger societal matrix of resilient social norms and institutions, which constitute the environment of...

Civic stratification and crime. A comparison of asylum migrants with different legal statuses

Contrary to natural born citizens, migrants can have a variety of legal statuses depending on how they are classified by immigration law. Together, such legal or ‘civic’ statuses constitute a system of civic stratification, from high (privileged) to low (restricted). Recent scholarship highlights the relevance of immigration law for understanding crime patterns. We analytically...

The logic of agency or the logic of structure in the concept of white collar crime: a review

Since 60s the white collar crime concept is divided in occupational crime versus corporate crime, exposing two different causal primacy: an agency logic and a structural logic. The logic of agency argues that corporate crime concept and the logic of structure is more or less useless for white collar crime research. The logic of structure argues that corporate crime has a validity...

Business unusual: collective action against bribery in international business

Collective action initiatives in which governments and companies make anti-corruption commitments have proliferated in recent years. This apparently prosocial behavior defies the logic of collective action and, given that bribery often goes undetected and unpunished, is not easily explained by principal-agent theory. Club theory suggests that the answer lies in the institutional...

Cultural specificity versus institutional universalism: a critique of the National Integrity System (NIS) methodology

This article provides an assessment and critique of the National Integrity System approach and methodology, informed by the experience of conducting an NIS review in Cambodia. It explores four key issues that potentially undermine the relevance and value of NIS reports for developing democracies: the narrowly conceived institutional approach underpinning the NIS methodology; the...

Corruption, anti-corruption and human rights: the case of Poland’s integrity system

Serious tensions can arise in a country’s integrity system when anti-corruption policy also poses a threat to fundamental values and standards under which a democratic state operates, in particular human and civil rights. This article examines these tensions using the case of Poland, where the risk arises, in particular, in situations of ‘moral panic’, where intense public and...

Securing ourselves from ourselves? The paradox of “entanglement” in the Anthropocene

The Anthropocene presents new challenges to the natural and social sciences by claiming that humanity is “entangled” with a myriad of scales, spaces, being(s), and temporalities. Yet, how does this entanglement alter our understanding of security? This article argues that the Anthropocene threatens not our physical security, but our ontological security: our deep and normalized...

Gift politics: exposure and surveillance in the anthropocene

This article discusses the role of gift relations in the Anthropocene. We reinterpret Mauss’s original concept of the gift to understand its application and transformation in a social context that increasingly sees human behavior as a resource for the realization of governmental and corporate objectives. Contemporary gift relations focus on reciprocity through personal data...

Transparency to curb corruption? Concepts, measures and empirical merit

Policymakers and researchers often cite the importance of government transparency for strengthening accountability, reducing corruption, and enhancing good governance. Yet despite the prevalence of such claims, definitional precision is lacking. As a consequence, approaches to measurement have often cast a wide net, in many cases tapping into the capacity of government...

Red tape, bribery and government favouritism: evidence from Europe

Red tape has long been identified as a major cause of corruption, hence deregulation was advocated as an effective anticorruption tool, an advice which many country followed. However, we lack robust systematic evidence on whether deregulation actually lowers corruption. This is partially due to the difficulty of defining what is good regulation, but also to the lack of...

New governance of corporate cybersecurity: a case study of the petrochemical industry in the Port of Rotterdam

The petro-chemical industry is a critical infrastructure that is vulnerable to cybercrime. In particular, industrial process control systems contain many vulnerabilities and are known targets for hackers. A cyberattack to a chemical facility can cause enormous risks to the economy, the environment, and public health and safety. This gives rise to the question how corporate...

From urban to suburban criminology: Understanding crime in America’s “safe” cities

Simon Singer’s [1] America’s Safest City represents a new and innovative contribution to the criminological literature. It not only provides a fresh look at understanding crime in America, it sheds the light on a heretofore understudied part of the country, but one that is increasingly populated: Suburbia. Singer offers a new theoretical perspective which he calls “relational...

The historical origins of corruption in the developing world: a comparative analysis of East Asia

A new approach has emerged in the literature on corruption in the developing world that breaks with the assumption that corruption is driven by individualistic self-interest and, instead, conceptualizes corruption as an informal system of norms and practices. While this emerging neo-institutionalist approach has done much to further our understanding of corruption in the...

Policing, crime and ‘big data’; towards a critique of the moral economy of stochastic governance

The paper defines ‘stochastic governance’ as the governance of populations and territory by reference to the statistical representations of metadata. Stochastic governance aims at achieving social order through algorithmic calculation made actionable through policing and regulatory means. Stochastic governance aims to improve the efficiency and sustainability of populations and...