From Manslaughter to Preventable Accident: Shaping Corporate Criminal Liability

This article looks at the assumptions, agendas, and relations of power that shaped Bill C-45, revisions to the Criminal Code of Canada aimed at strengthening corporate criminal liability. The Bill, passed in fall 2003, originated in response to the deaths of twenty-six workers at the Westray mine in 1993, a disaster caused by unsafe and illegal working conditions. Through an examination of Parliamentary Committee hearings, this article explores how conceptions of corporate criminal liability were shaped and modified, and links this to the implications and potential of Bill C-45 to hold corporations to account. The authors argue that conservative conceptualizations of corporate liability limited the reform options that were considered by the Committee, and that the resulting legislation will do little to challenge the structural conditions that underlie culpable workplace injury and death.     

CLUMSY SOLUTIONS FOR A COMPLEX WORLD: THE CASE OF CLIMATE CHANGE

Successful solutions to pressing social ills tend to consist of innovative combinations of a limited set of alternative ways of perceiving and resolving the issues. These contending policy perspectives justify, represent and stem from four different ways of organizing social relations: hierarchy, individualism, egalitarianism and fatalism. Each of these perspectives: (1) distils certain elements of experience and wisdom that are missed by the others; (2) provides a clear expression of the way in which a significant portion of the populace feels we should live with one another and with nature; and (3) needs all of the others in order to be sustainable. ‘Clumsy solutions’– policies that creatively combine all opposing perspectives on what the problems are and how they should be resolved – are therefore called for. We illustrate these claims for the issue of global warming.     

Why the BBC Matters: Memo to the New Parliament about a Unique British Institution

The new Parliament will be asked at some point to make critical decisions about the BBC's future at a time when it is facing full‐frontal assaults from competitors who view the BBC as a major barrier to their own advancement. Whether it be newspaper groups seeking to monetise their online activities, commercial children's channels, terrestrial competitors or the owners of music radio stations, media conglomerates rail against the BBC's size and public funding with increasing regularity. Our aim is to remind our legislators of the vital contribution this institution makes to British life: from a journalism inscribed with values of fairness, integrity and impartiality—and valued throughout the world for its professional engagement with foreign affairs—to its creative commitment to British story‐telling, music, comedy, arts and children's programmes, the BBC's contribution to our democratic and cultural welfare is immense. It is a beacon for Britain, which provides social glue for its citizens at a time of fragmenting audiences and identities, within a uniquely non‐commercial space, accountable to both Parliament and its licence payers. It may distort the market, much as the National Health Service distorts the market for health care, but is held in high esteem by the British public and is admired throughout the world. This article explains why the BBC is a national treasure that underpins our creative economy as well as our cultural vitality, and argues that it must be protected from those who argue self‐interestedly for its diminution.     

TRANSFORMING PUBLIC SERVICES: CONTRACTING FOR SOCIAL AND HEALTH SERVICES IN THE US

Government contracting with private service organizations has grown rapidly in the United States in the last 25 years. Advocates of contracting hope that it will spur competition among service agencies, lowering costs and improving service quality. In practice, however, contracting departs significantly from this competitive model. Instead, government and private agencies develop long-term relationships which can be considered regimes governed by specific norms and expectations. These regimes profoundly influence the delivery of services and the politics of contracting. This article analyses these regimes in the context of the contested nature of public authority. The article concludes with suggestions for reforming public policy to improve the performance and effectiveness of contracted services.     

BUREAUCRATIC MALAISE IN THE MODERN SPY NOVEL: DEIGHTON, GREENE, AND LECARRE

Modern espionage novels and particularly those of Deighton, Greene, and LeCarre provide exceptional insights into bureaucratic politics. As well as offering a wealth of material about bureaucratic structure and behaviour, their works speak to the negative consequences and effects of bureaucratic pressures and ideologies on the human spirit. Specifically, these novelists posit that in a bureaucratic world heroism is flawed: that principles no longer flow from moral purpose, and that the evil which needs to be conquered can no longer be identified solely with an externalized enemy. The conclusion drawn is that the bureaucratic state, which substitutes technique for purpose and principle, and bureaucratic personality for individual initiative and motivation, is largely responsible for this malaise. The world which remains reflects, paradoxically, both order and disorder — the image is that of a universal clock winding its way down to an uncertain, yet organizationally dominated future.