Mark Findlay

The Globalisation of Crime Understanding Transitional Relationships in Context

Introduction 1. (Mis)representing crime 2. Crime and social development 3. Crime and social dysfunction 4. Marginalisation and crime relationships 5. Crime economies 6. Crime as choice 7. Integrating crime control Epilogue.

Decolonising Restoration and Justice: Restoration in Transitional Cultures

This article is a strategy for the comparative analysis of justice in various contesting forms. To identify useful levels of the comparative project, the colonising potential of restorative justice is examined. In this context the influence of formalised justice mechanisms over the less formal is explored, with examples in transitional cultures in the South Pacific discussed. Local and global potentials (and dilemmas) are identified for analysis. The integration of justice forms, both in terms of structure and ideology, is argued for. Notions of collaborative rather than restorative justice are advanced, in order that the intersection between state-sponsored and customary justice forms is best appreciated.

Corporate Sociability: Analyzing Motivations for Collaborative Regulation

The article explores the features and charts the principle theorizing of regulatory sociability from collaboration rather than intervention, whatever the interest-based motivation behind transforming crisis, toward orderliness. A key theme is the role played by corporations in facilitating and benefiting from sociability. A particular explanatory focus on the way in which corporate culture can change from predatory jurisdiction shopping to embracing mutuality of interests in the context of environmental sustainability is employed. The article concludes with a discussion of how, as compulsory discipline increases, it may produce compliance but at costs for regulatory sociability. The alternative regulatory paradigm is one that moves to resolve the antimony between desire (profit) and reason (sustainability) in a manner that relies on and endorses the constituents of collaboration. Collaborative regulation, the article suggests, can arise out of crisis and be justified through desires for orderliness without compulsion. But for collaborative regulation to be sustainable, it must complement certain positive “orderly” aspects within political economy. The analysis determines some observations concerning the shape and shaping of collaborative regulation in an atmosphere of more pluralist knowledge-based (disciplinary) engagement involving trust, comity, and sustainability.

Sugar Coated Bullets: Corruption and the New Economic Order in China

The recent political debate concerning the influence of corruption on the “new economic order” in the Peoples Republic of China is unique not only for its detailed and public manifestations, but also because it works around the acceptance of some degree of corporate private ownership of the means of production within China. The concern for corruption in Chinese government and commerce is not, of itself, novel.We prefer in this paper briefly to focus on the economic and political environment from within which this concern has been generated, to comment on the significance for the Government of the PRC in associating the pall of corruption with the undermining of more capitalist economic reform, and then to examine how the legal definitions and controls on corruption have been transformed to complement a new political agenda. Associated with this, it has been necessary to advance some rather tentative predictions concerning the development of new anti-corruption initiatives in the PRC, their justifications, and pressures on the economic transition which is said to be corruption generative.Speculation about the future face of economic corruption in China is of limited value when one is interested in questions of regulation and control. As the definition, indication and interpretation of corruption is a political process which may pay little regard to realistic indicators, so too the creation of control initiatives may not be dependent on predictions of actual developments in graft. We have endeavoured to show that recent regulatory programmes in the PRC themselves indicate much about the commercial contradictions that underly the new economic order, as well as evidencing the socio-legal dilemmas inherent in anti-corruption official discourse.

Beyond Punishment: Achieving International Criminal Justice

Introduction New Moralities for International Criminal Justice A Framework for Trial Transformation Activating Victim Constituency in International Criminal Justice Truth and Responsibility v Fact and Liability Transformed Process Through Enhanced Discretionary Power Accountability Frameworks Justice as Decision-making: Principal Pathways of Influence Legitimacy, Justice and Governance References

Sham of the Moral Court? Testimony Sold as the Spoils of War

This paper analyses the critical influences on witness-based truth-telling for judicial decision-making in the international criminal tribunals. The judicial fixation on witness testimony reflects the weight and legitimacy given to personal testimony before international courts. This weight must be balanced by the awareness that a witness may provide false testimony intentionally, or may be coaxed by third parties to provide such testimony, as has been evidenced recently before the ICC. If witness testimony is tainted then its capacity to endorse the truth-finding function of the court is compromised. As a consequence the ability to assert that the tribunal is a ‘moral court’ based on empirical truth in such circumstances is jeopardized. The nexus between witness testimony, truth, the morality of judicial determinations, and the legitimacy this affords is explored in what follows. We question whether simple assertions that witness testimony, tested through adversarial examination, produces truth and resultant morality, are all they seem. The analysis also critiques the forensic reality of witness testimony before the international tribunals. Ultimately the paper suggests that while truthful testimony is crucial if international criminal trials are to produce legitimate judicial determinations, the naive claim to a moral court as a consequence of tested witness testimony is problematic at least and unsustainable at best.

Property, Labour and Legal Regulation

Using property and labour as his major themes, Mark Findlay analyses the way in which law has come to serve the cult of the market at the expense of abandoning its wider role of serving communities. With wonderful scholarship he charts a path to how laws social purpose might be regained. Law re-emerges as the primary means for the regulatory state to reconnect with social values and communities. This book is a tour de force.

The Ambiguity of Accountability: Relationships of Corruption and Control

tag=1 data=The ambiguity of accountability : Relationships of corruption and control. by Mark Findlay tag=2 data=Findlay, Mark tag=3 data=Australian Quarterly, tag=4 data=65 tag=5 data=2 tag=6 data=Winter 1993 tag=7 data=73-83. tag=8 data=CORRUPTION tag=10 data=Corruption is a relationship of power and influence, existing within, and taking its form from specific environments of opportunity. Both the creation and blocking of corruption opportunities are consequences of corruption control. tag=11 data=1994/6/1 tag=12 data=94/0042 tag=13 data=CAB

Trading Corruption North/South

Recent North world initiatives for economic development with a human face have encouraged a wave of corporate benevolence that cultivates dependency rather than dignity. Seeking to re-moralize this corruption as a tool in market power displacement, the market powers of commodification have co-opted rule of law discourse and rebranded corruption as facilitation through foreign direct investment. By unpacking corruption in the context of South world exchange market dynamics, its role is revealed in advancing neo-liberal capitalism under the banner of free trade that has decimated the fragile market economies of the global South. The chapter concludes that communitarian movements creating a new contestatory collective conscience must remain deployed to protect the social against neocolonial, neoliberal attacks on its providence.

Labour Law and State Reluctance? A Tale of Two Regulatory Worlds

In the South East Asian region where the labour market is complex and labour relations are notoriously problematic, state-sponsored legal regulatory models broadly reveal two directions. Interventionist regulation overseen by the courts is a feature of some ASEAN jurisdictions and recognizes the state’s role in managing employment market tensions. At the other end of the regulatory spectrum there is a marked reluctance by the state to interfere with contract-based market conditions, except where there is a clear intersection between labour force and migration policy. The reasons behind this regulatory divergence are as much a product of differing governance ideologies as they are a reflection of variations in labour market dependencies (such as foreign worker components). This paper, by focusing on a jurisdiction in which state-sponsored legal intervention has been both reluctant and sporadic, speculates on the necessity for a specific state/legal presence in the regulation of employment relations in vulnerable labour markets, if these markets are to contribute to sustainable economic development, as well as to ensure the integrity of labour valuing. The paper is in part descriptive due to the absence of legal scholarly interest in employment law in the region.