Crisis, What Crisis? Regulation and the Academic Orthodoxy

  title={Crisis, What Crisis? Regulation and the Academic Orthodoxy},
  author={Steve Tombs},
  journal={Law \& Humanities eJournal},
  • S. Tombs
  • Published 1 February 2015
  • Economics
  • Law & Humanities eJournal
What can criminology or socio‐legal studies tell us about the causes of the financial crisis – a failure of regulation, at the very least – or ways in which further such crises might be prevented, mitigated, responded to? The article begins by setting out the emergence and dimensions of the academic orthodoxy on regulation – a series of shared assumptions regarding feasible and desirable forms of regulation. Then it undertakes a quantitative and qualitative content analysis of work on… 

Social Harm and the Vagaries of Financial Regulation in the UK

The premise of this article is that financial crises, whether they occur as a result of legitimate of illegitimate conduct, cause social harm and victimisation. The 2008 bank crisis is a clear

Disruption, regulatory theory and China: What surveillance and profiling can teach the modern regulator

Disruption poses a unique challenge for regulatory agencies, particularly those with a focus on criminal law. Yet regulatory scholarship focuses on and elevates the concepts of risk without

Regulation and governance versus criminology: Disciplinary divides, intersections, and opportunities

This paper seeks to bridge the disciplinary gap between regulation and governance studies, and criminology. Based on a review of theoretical and empirical work on corporate crime, this paper argues

Mitigating and Responding to Corporate Violence: Beyond Crime and Criminology

[A]s we try to understand the moral culture of our social world, the starting point has to be the social censures of crime in practice, or concrete criminalisations. Not social censure in general;

The politics of regulatory enforcement and compliance: Theorizing and operationalizing political influences

There is broad consensus in the literature on regulatory enforcement and compliance that politics matters. However, there is little scholarly convergence on what politics is or rigorous theorization

What to do with the Harmful Corporation

The central concern of this paper is how to respond to health and safety harms caused by corporations. I confine my considerations to health and safety harms, and focus on corporations, not

What Rendered Ancient Tyrants Detestable: The Rule of Law and the Constitution of Corporate Power

The phrase “corporate tyranny” might seem to be nothing more than empty rhetoric, a muscular slogan with a plausible ring, but one lacking principled roots in the great tradition of political

A race to the bottom – prison education and the English and Welsh policy context

This article examines prison education in England and Wales arguing that a disjuncture exists between the policy rhetoric of entitlement to education in prison at the European level and the playing

Classes dominantes, classes délinquantes ? Le crime économique comme figure de la critique sociale

L’article aborde la question de la delinquance des elites en deplacant l’attention des travaux criminologiques vers les travaux des economistes et sociologues critiques, principalement francais, qui




Responsive Regulation: Transcending the Deregulation Debate

This book transcends current debate on government regulation by lucidly outlining how regulations can be a fruitful combination of persuasion and sanctions. The regulation of business by the United

Accommodating Power: the `Common Sense' of Regulators

This article examines the perspectives, strategies and practical `common sense' of those charged with regulating and enforcing securities laws in the post-Enron era. It argues that crackdown periods

Taking Exception: The Cases of Financial and Urban Governance 1

The concept of the exception has garnered increasing notice from scholars, where it has been used to denote the outer limits, and yet most absolute embodiment, of sovereign rule. However, the concept

Regulating finance after the crisis: Unveiling the different dynamics of the regulatory process

It is now widely recognized that regulatory failures contributed to the onset of the global financial crisis. Redressing such failures has, thus, been a key policy priority in the post-crisis reform

Regulation: Business Opposition vs. the Public Interest@@@Going by the Book: The Problem of Regulatory Unreasonableness.

The extent to which government should be involved with regulation in the private sector is much debated. More fundamentally, one might ask exactly what is regulation, why is it needed, how is it

The gradual transformation? The incremental dynamics of macroprudential regulation

This article focuses on the transformatory potential of macroprudential ideas following the financial crash of 2008, examining how they are being mediated by existing institutional contexts and how

Book Review: Understanding Regulation?

What is regulation? This disarmingly simple and often used term covers a myriad of actions and processes, overseen by international, national and local states and a vast array of private actors.

Change and challenge in regulation and governance

The completion of this second volume of Regulation & Governance coincides with a monumental crisis in the world’s financial markets. Vast economic consequences have unfolded in domino-like fashion

Really Responsive Regulation

The case for regulators to be responsive not only to the attitude of the regulated firm but also to the operating and cognitive frameworks of firms; the institutional environment and performance of the regulatory regime; the different logics of regulatory tools and strategies; and to changes in each of these elements is stressed.

Why Reregulation after the Crisis is Feeble: Shadow Banking, Offshore Financial Centers and Jurisdictional Competition

A crucial element in the complex chain of factors that caused the recent financial crisis was the lack of regulation and oversight in the shadow banking sector, which is largely incorporated in