Law as Last Resort
Prosecution Decision-making in a Regulatory Agency
By (author) Keith Hawkins
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Law as Last Resort by Keith Hawkins
Book DescriptionThis is a book about the life of the legal system. Its concern is legal decision-making, its focus the handling of prosecution cases in a regulatory agency. In almost all legal disputing formalities are employed as a last resort for a small proportion of cases. Case attrition is a constant feature in the legal system, whether criminal or civil, since extensive pre-trial negotiations search for solutions to problems that avoid the costs, risks, and delays of trial. This book analyzes the attrition of cases by studying decisions made about their creation, handling, disposal, and prosecution. Exploring these issues asks questions about the public face of law, the meaning of formal processes, and their impact on pre-trial legal manoeuvring. To prosecute is to enforce the law in both a public and a consequential way. In enforcing regulation prosecution visibly takes sides in the fundamental dilemma of regulatory control about how far law should justifiably intervene in business. Using extensive data collected over a fifteen-year period, and with privileged access to the UK Health and Safety Executive, the book presents a multi-level analysis of decisions about prosecution policy and individual cases in a variety of inspectorates.
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Book DetailsISBN: 9780199243891
(216mm x 139mm x 27mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 16-Jan-2003
Country of Publication: United Kingdom
Books By Author Keith Hawkins
Law as Last Resort, Hardback (January 2003)
In almost all legal disputing, formalities are employed as a last resort. This book presents a new theory of decision-making, exploring the conditions under which prosecution is employed to handle troublesome occupational health and safety problems.
Human Face of Law, Hardback (March 1997)
A collection of original essays by leading scholars in the socio-legal studies field to mark the retirement of Donald Harris as Director of the Socio-Legal Studies Centre, Oxford University. The essays provide rich insights into current thinking in socio-legal studies and a considered evaluation of future directions.
Uses of Discretion, Paperback (February 1995)
Discretion is a matter of scholarly interest for both lawyers and social scientists. This work uses contributions from both fields to explore some of the central issues involved of discretion by legal actors - those making decisions in the exercise of an authority conferred on them by law.
Environment and Enforcement, Paperback (March 1984)» View all books by Keith Hawkins
Most studies of law enforcement deal with police work, and many are concerned with underenforcement of selective enforcement as problems. This book shifts the focus to social and economic regulation and the issue of compliance.
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Author Biography - Keith Hawkins
Keith Hawkins is Reader in Law and Society, and Fellow and Tutor in Law at Oriel College, Oxford
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