Law as Last Resort

Prosecution Decision-Making in a Regulatory Agency

By:

Keith Hawkins

Format:

Paperback / softback

Series:

Oxford Socio-legal Studies

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Description

This 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.

Author Biography:

Keith Hawkins is Reader in Law and Society, and Fellow and Tutor in Law at Oriel College, Oxford

Release date Australia

January 16th, 2003

Author

Keith Hawkins

Audiences

Postgraduate, Research & Scholarly
Professional & Vocational
Undergraduate

Pages

508

Series

Oxford Socio-legal Studies

Dimensions

139x216x27

ISBN-13

9780199243891

Product ID

2709757

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