{"title":"Fall of the 'Platonic Guardians': Liberalism, Criminology and Political Responses to Crime in England and Wales","authors":"I. Loader","doi":"10.1093/BJC/AZI091","DOIUrl":"https://doi.org/10.1093/BJC/AZI091","url":null,"abstract":"This paper offers a critical reconstruction and reinterpretation of the disposition towards the governance of crime that was ascendant in England and Wales during the middle decades of the twentieth century - namely, liberal elitism, or what I term Platonic guardianship. Drawing upon documentary sources, and extended oral history/biographical interviews with retired Home Office officials, penal reformers and criminologists, I examine the express and implied values and beliefs that constitute this take on political responsibility towards crime and the public passions it arouses, and consider the senses in which it may be plausibly described, ideologically, as liberal. I then explore three moments of contention during which the legitimacy of liberal elitism was called into question over the last several decades - the nothing works assault on rehabilitation in the 1970s, the rise of law and order politics in the 1980s, and the populist and punitive turn taken by penal politics since 1993. In each case, I outline briefly the nature of the charges leveled at the commitments and practices of Platonic guardianship and assess - drawing upon the interview material - the perceived scale and effects of each challenge. I conclude by reflecting on the sociological preconditions and normative limitations of Platonic guardianship as a mode of rule, and on what we may draw from it today in our efforts to make sense of, and transcend, the febrile contemporary politics of crime.","PeriodicalId":367754,"journal":{"name":"University of Oxford Legal Studies Research Paper Series","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132842027","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"After Enron: Will 'Whiter than White Collar Crime' Still Wash?","authors":"Doreen J. McBarnet","doi":"10.1093/BJC/AZL068","DOIUrl":"https://doi.org/10.1093/BJC/AZL068","url":null,"abstract":"In thinking about white collar crime it is not just crime that becomes problematic but compliance, particularly the practice of 'creative compliance'. This article asks: in the post-Enron era, can creative compliance by business still claim to be 'whiter than white collar crime'? It analyses the Enron prosecutions and the implications of the state's choice of enforcement strategy, before going on to look at the wider impact of Enron, at the emergence of a concern with corporate culture, business and professional ethics, and at new approaches to regulation and enforcement. It suggests that while the state's enforcement strategy and the showcase Enron trials may represent a missed opportunity by failing to pose a direct legal challenge to creative compliance, Enron has also sparked off some wider reactions which do challenge the legitimacy of the creative compliance mindset.","PeriodicalId":367754,"journal":{"name":"University of Oxford Legal Studies Research Paper Series","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129351307","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Must Legalistic Conceptions of the Rule of Law Have a Social Dimension?","authors":"N. Barber","doi":"10.1111/J.1467-9337.2004.00278.X","DOIUrl":"https://doi.org/10.1111/J.1467-9337.2004.00278.X","url":null,"abstract":"The article considers the nature of legalistic, or formal, conceptions of the rule of law, focusing particularly on the work of Joseph Raz and Albert Venn Dicey. It asks how such apparently narrow conceptions are generated, and how far they can resist including broader social claims. It concludes that the rationale behind legalistic conceptions compels them to address issues of poverty and the literacy of the law’s subjects. However, legalistic conceptions of the rule of law can still avoid sliding into the wider non-legalistic models advanced by writers such as T. R. S. Allan.","PeriodicalId":367754,"journal":{"name":"University of Oxford Legal Studies Research Paper Series","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128829931","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}