Criminality at Work

From the Master and Servant legislation to the Factories Acts of the 19th century, the criminal law has always had a vital yet normatively complex role in the regulation of work relations. Even in its earliest forms, it operated both as a tool to repress collective organizations and enforce labour discipline, while policing the worst excesses of industrial capitalism. Recently, governments have begun to rediscover criminal law as a regulatory tool in a diverse set of areas related to labour law: 'modern slavery', penalizing irregular migrants, licensing regimes for labour market intermediaries, wage theft, supporting the enforcement of general labour standards, new forms of hybrid preventive orders, harassment at work, and industrial protest.

This volume explores the political and regulatory dimensions of the new 'criminality at work' from a wide range of disciplinary perspectives, including labour law, immigration law, and health and safety regulations. The volume provides an overview of the regulatory terrain of 'criminality at work', exploring whether these different regulatory interventions represent politically legitimate uses of the criminal law. The book also examines whether these recent interventions constitute a new pattern of criminalization that operates in preventive mode and is based upon character and risk-based forms of culpability. The volume concludes by reflecting upon the general themes of 'criminality at work' comparatively, from Australian, Canadian, and US perspectives.

Criminality at Work is a timely, rich and ambitious piece of scholarship that examines the many intersections between criminal law and work relations from a historical and contemporary vantage-point.

Introduction, Alan Bogg and Mark Freedland
I The Normative Grounds of Criminalization
1. Exploitation at Work: Beyond a 'Criminalization' or 'Regulatory Alternatives' Dichotomy, Jennifer Collins
2. Workplace Welfare and State Coercion, G. R. Sullivan
3. Human Rights, Labour Rights, and Criminal Wrongs, Virginia Mantouvalou
4. The Preventive Role of the Criminal Law in Employment Relations, Jennifer Collins and Andrew Ashworth
II Criminal law as employment regulation
5. The Duty of Loyalty and the Scope of the Law of Fraud, Hugh Collins
6. Wage Theft as a Legal Concept, Sarah Green
7. The Criminalization of Health and Safety at Work, Michael Ford
8. The Criminalization of Workplace Harassment and Abuse - An Overpersonalised Wrong?, Alan Bogg and Mark Freedland
III Criminality and Precarity in Work Relations
9. Modern Slavery, Domestic Work, and the Criminal Law, Jonathan Herring
10. Criminalization, Social Exclusion, and Access to Employment, Marilyn Pittard
11. The Criminal Law, the Refugee, the EU Citizen and the Supply of Labour in the UK, Cathryn Costello
12. Criminalization and Beyond: Immigration Control at Work, Bernard Ryan
13. Doing the Dirty Job: Labour at the Intersections of Criminal Law and Immigration Controls, Ana Aliverti
IV Specific Contexts of Criminalization
14. The Medical Professional as Special before the Criminal Law, Suzanne Ost
15. Criminal Prosecution in the Face of Employment Deregulation: Disciplining Care Workers for Failures to Care, Lydia Hayes
16. Sex, Work, and Crime: The Role of Criminalization in Sex Work, Michelle Madden-Dempsey
17. The Persistence of Criminal Law in Collective Labour Relations, Alan Bogg, Keith Ewing and Andrew Moretta
V Criminalization and Enforcement
18. Using Criminal Law to Enforce Statutory Employment Rights, David Cabrelli
19. Work-related Safety and Criminalization: A Double-Edged Sword, Paul Almond
20. Why Are Criminal Offences Criminal in Labour Law?, Catherine Barnard and Sarah Fraser Butlin
21. Licensing of Employing Entities and Criminalisation, Anne Davies
22. Accessories at Work: Ascribing Responsibility in Multiple Employer Scenarios, Alan Bogg and Paul Davies
VI Comparative Perspectives on Criminalisation
23. The U.S. Carceral State at Work: Exclusion, Coercion, and Subordinated Inclusion, Noah Zatz
24. Class Crimes: Master and Servant Laws and Factories Acts in Industrializing Britain and (Ontario) Canada, Judy Fudge and Eric Tucker
25. Regulating Criminality at Work in Canada: Penal Laws for Repression, Protection, Discipline and Human Capability Enhancement, Bruce Archibald