'You Know it When You See it': A Socio-Legal Investigation into the Concept of 'Regulatory Crime'

50 Pages Posted: 4 Nov 2008

See all articles by Richard Hyde

Richard Hyde

School of Law, University of Nottingham

Date Written: September 5, 2008

Abstract

Regulatory Crime ('RC') is a term that is often used in legal discourse to denote a group of criminal offences that share certain similarities, or to refer to a particular offence within that group. However, it is a notoriously elusive and difficult concept. This paper seeks to begin a critical engagement with the differing concepts adopted by academic lawyers, legislators and legal professionals in England and Wales in an attempt to shed light on the different concepts that are adopted. We examine the different but linked use of the RC concept by each of these groups, in an attempt to discern both the sometimes similar, and sometimes different, tendencies that constitute the RC concept used within these groups and the factors that influence particular conceptualisations. We see that different groups use the RC concept in different ways, and conclude that the question of a single RC concept does not have an easy answer, and perhaps is intractable.

Keywords: Regulatory Crime, Socio-Legal Studies, Regulatory Enforcement and Sanctions Act 2008, Strict Liability, Legal Profession

Suggested Citation

Hyde, Richard, 'You Know it When You See it': A Socio-Legal Investigation into the Concept of 'Regulatory Crime' (September 5, 2008). Available at SSRN: https://ssrn.com/abstract=1295336 or http://dx.doi.org/10.2139/ssrn.1295336

Richard Hyde (Contact Author)

School of Law, University of Nottingham ( email )

University Park
Nottingham, NG7 2RD
United Kingdom

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