Criminal law and regulation

Ogus, Anthony

doi:10.4337/9781781950210.00008

Cited by 3 publications

(1 citation statement)

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“…Now, in terms of applying this framework to the criminal law, it is worth acknowledging the some scholars consider the penal law and regulatory law to be discrete constructs. 108 Specifically, Larkin cautioned against the indiscriminate use of the criminal law in a regulatory sense when he said:…”

Section: Systemic Governance In Criminal Lawmentioning

confidence: 99%

Cyber-Systemics, Systemic Governance and Disruption of the Criminal Law

Walker-Munro¹

2020

UQLJ

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Criminal law regulators face difficulties in adapting to technological change. They must often operate in environments of significant uncertainty, with changing policy aims and legislative provisions that fail to ‘move with the times’. Rather than engaging with robust, let alone radical theoretical examination of their actions and structure, regulatory organisations struggle to enforce laws in communities affected by technological or systemic change, often leading to claims of overcriminalisation, inadequacy, regulatory overreach or inconsistency. This article suggests that dealing with disruptive criminality solely through legal instruments is a policy failure. Instead, a radical new framework is proposed, embedded in cybernetics (a transdiscplinary approach to exploring regulatory systems). Such a framework — systemic governance — offers a substantially altered way of managing regulatory relationships that resists disruptive change and challenges regulators to find new ways of engaging with the population they seek to influence.

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Section: Systemic Governance In Criminal Lawmentioning

confidence: 99%