John Braithwaite

Peter Drahos

Based on extensive interviews with key players, a study reveals how the "knowledge economy" is making slaves of everyone except for a few multinational companies and argues that in the globalized information society, the rich have found new ways to rob the poor, using intellectual property rules. Reprint.

Who Owns the Knowledge Economy?

Information Feudalism

Brent Fisse

Uncertainty surrounds the use of publicity as a means of controlling corporate crime. On the one hand, some agree with Justice Brandeis's dictum that light is "the best of disinfectants...the most efficient policeman." On the other hand, many believe that corporations' internal affairs are effectively shrouded with a thick fog that prevents the light of public scrutiny from reaching them. The Impact of Publicity on Corporate Offenders is the first study to go beyond the rhetoric, through an examination of corporate experience. Fisse and Braithwaite have carried out a qualitative inquiry concerning 17 large corporations involved in publicity crises. Based mainly on interviews, the inquiry includes company employees and former employees, union officials, officers of government regulatory agencies, competitors, independent accountants, government prosecutors, public interest activists, judicial officers, stockbrokers, and other experts.

The Impact of Publicity on Corporate Offenders

Hilary C. Charlesworth

Adérito Soares

This book offers a new approach to the extraordinary story of Timor-Leste. The Indonesian invasion of the former Portuguese colony in 1975 was widely considered to have permanently crushed the Timorese independence movement. Initial international condemnation of the invasion was quickly replaced by widespread acceptance of Indonesian sovereignty. But inside Timor-Leste various resistance networks maintained their struggle, against all odds. Twenty-four years later, the Timorese were allowed to choose their political future and the new country of Timor-Leste came into being in 2002. This book presents freedom in Timor-Leste as an accomplishment of networked governance, arguing that weak networks are capable of controlling strong tyrannies. Yet, as events in Timor-Leste since independence show, the nodes of networks of freedom can themselves become nodes of tyranny. The authors argue that constant renewal of liberation networks is critical for peace with justice - feminist networks for the liberation of women, preventive diplomacy networks for liberation of victims of war, village development networks, civil society networks. Constant renewal of the separation of powers is also necessary. A case is made for a different way of seeing the separation of powers as constitutive of the republican ideal of freedom as non-domination. The book is also a critique of realism as a theory of international affairs and of the limits of reforming tyranny through the centralised agency of a state sovereign. Reversal of Indonesia's 1975 invasion of Timor-Leste was an implausible accomplishment. Among the things that achieved it was principled engagement with Indonesia and its democracy movement by the Timor resistance. Unprincipled engagement by Australia and the United States in particular allowed the 1975 invasion to occur. The book argues that when the international community regulates tyranny responsively, with principled engagement, there is hope for a domestic politics of nonviolent transformation for freedom and justice.

Peace in Timor-Leste

Networked Governance of Freedom and Tyranny

In this sprawling and ambitious book John Braithwaite successfully manages to link the contemporary dynamics of macro political economy to the dynamics of citizen engagement and organisational activism at the micro intestacies of governance practices. This is no mean feat and the logic works. . . Stephen Bell, The Australian Journal of Public Administration Everyone who is puzzled by modern regulocracy should read this book. Short and incisive, it represents the culmination of over twenty years work on the subject. It offers us a perceptive and wide-ranging perspective on the global development of regulatory capitalism and an important analysis of points of leverage for democrats and reformers. Christopher Hood, All Souls College, Oxford, UK It takes a great mind to produce a book that is indispensable for beginners and experts, theorists and policymakers alike. With characteristic clarity, admirable brevity, and his inimitable mix of description and prescription, John Braithwaite explains how corporations and states regulate each other in the complex global system dubbed regulatory capitalism. For Braithwaite aficionados, Regulatory Capitalism brings into focus the big picture created from years of meticulous research. For Braithwaite novices, it is a reading guide that cannot fail to inspire them to learn more. Carol A. Heimer, Northwestern University, US Reading Regulatory Capitalism is like opening your eyes. John Braithwaite brings together law, politics, and economics to give us a map and a vocabulary for the world we actually see all around us. He weaves together elements of over a decade of scholarship on the nature of the state, regulation, industrial organization, and intellectual property in an elegant, readable, and indispensable volume. Anne-Marie Slaughter, Princeton University, US Encyclopedic in scope, chock full of provocative even jarring claims, Regulatory Capitalism shows John Braithwaite at his transcendental best. Ian Ayres, Yale Law School, Yale University, US Contemporary societies have more vibrant markets than past ones. Yet they are more heavily populated by private and public regulators. This book explores the features of such a regulatory capitalism, its tendencies to be cyclically crisis-ridden, ritualistic and governed through networks. New ways of thinking about resultant policy challenges are developed. At the heart of this latest work by John Braithwaite lies the insight by David Levi-Faur and Jacint Jordana that the welfare state was succeeded in the 1970s by regulatory capitalism. The book argues that this has produced stronger markets, public regulation, private regulation and hybrid private/public regulation as well as new challenges such as a more cyclical quality to crises of market and governance failure, regulatory ritualism and markets in vice. However, regulatory capitalism also creates opportunities for better design of markets in virtue such as markets in continuous improvement, privatized enforcement of regulation, open source business models, regulatory pyramids with networked escalation and meta-governance of justice. Regulatory Capitalism will be warmly welcomed by regulatory scholars in political science, sociology, history, economics, business schools and law schools as well as regulatory bureaucrats, policy thinkers in government and law and society scholars.

How it Works, Ideas for Making it Work Better

Regulatory Capitalism

In To Punish or Persuade, John Braithwaite declares that coal mine disasters are usually the result of corporate crime. He surveys 39 coal mine disasters from around the world, including 19 in the United States since 1960, and concludes that mine fatalities are usually not caused by human error or the unstoppable forces of nature. He shows that a combination of punitive and educative measures taken against offenders can have substantial effects in reducing injuries to miners. Braithwaite not only develops a model for determining the optimal mix of punishment and persuasion to maximize mine safety, but provides regulatory agencies in general with a model for mixing the two strategies to ensure compliance with the law. To Punish or Persuade looks at coal mine safety in the United States, Great Britain, Australia, France, Belgium, and Japan. It examines closely the five American coal mining companies with the best safety performance in the industry: U.S. Steel, Bethlehem Steel, Consolidation Coal Company, Island Creek Coal Company, and Old Ben Coal Company. It also takes a look at the safety record of unionized versus non-unionized mines and how safety regulation enforcement impacts productivity.

Enforcement of Coal Mine Safety

To Punish or Persuade

How can power over others be transformed to ‘power with’? It is possible to transform many institutions to build societies with less predation and more freedom. These stretch from families and institutions of gender to the United Nations. Some societies, times and places have crime rates a hundred times higher than others. Some police forces kill at a hundred times the rate of others. Some criminal corporations kill thousands more than others. Micro variables fail to explain these patterns. Prevention principles for that challenge are macrocriminological. Freedom is conceived in a republican way as non-domination. Tempering domination prevents crime; crime prevention reduces domination. Many believe a high crime rate is a price of freedom. Not Braithwaite. His principles of crime control are to build freedom, temper power, lift people from poverty and reduce all forms of domination. Freedom requires a more just normative order. It requires cascading of peace by social movements for non-violence and non-domination. Periods of war, domination and anomie cascade with long lags to elevated crime, violence, inter-generational self-violence and ecocide. Cybercrime today poses risks of anomic nuclear wars. Braithwaite’s proposals refine some of criminology’s central theories and sharpen their relevance to all varieties of freedom. They can be reduced to one sentence. Strengthen freedom to prevent crime, prevent crime to strengthen freedom. ‘A true magnum opus, Macrocriminology and Freedom is a thought provoking and generative book from one of criminology’s intellectual giants. John Braithwaite reaches far and wide across societies, time, and disciplines to advance no less than a theory of how to build a society that simultaneously reduces both domination and crime. His ambitious ideas on cascades of non-dominating collective efficacy and crime prevention, for example, and their connections to social movements and political freedom, go well beyond usual criminological discourse. Chock full of theoretical propositions and bold insights, this a book that will keep criminologists busy for years. Macrocriminology and Freedom should not just be read, but better yet, savoured.’ – Robert J. Sampson, Henry Ford II Professor of the Social Sciences, Harvard University ‘In this majestic theorisation of the relationship between crime and freedom John Braithwaite isolates the unique power of macrocriminology as a lens through which to comprehend and challenge many of the fundamental crises facing our planet. Very few scholars have the breadth and overview to succeed in a mission of this order … Braithwaite does. This extraordinary book is an object lesson for all who seek to understand and resist domination and the crimes of power that flow from it.’ – Penny Green, Professor of Law and Globalisation, Queen Mary University of London ‘For over 40 years, John Braithwaite has been a voice of wisdom, hope and humanity in criminology. This dazzling new book weaves together all the main themes of his influential work, reanimating many of the core concepts of the discipline, as well as incorporating interdisciplinary resources from south and north, east and west, to produce an elegant and ambitious explanatory and normative account of crime as freedom-threatening domination. Decentring criminal justice as the solution to crime, Braithwaite shows that, on a global scale, the aspiration to tackle crimes, ranging from interpersonal violence through corporate crimes to ecocide, lies in the development of freedom-enhancing, power-tempering institutions in the political, economic and social spheres.’ – Nicola Lacey, Professor of Law, Gender and Social Policy, London School of Economics ‘Macrocriminology and Freedom is a criminological epic, an expansive and erudite story that sweeps across history and contexts. The book is frightening in showing how cascading events can produce catastrophes from crime to environmental destruction. But in the end, its message is hopeful, identifying pathways—or “normative rivers”—for guiding freedom from domination and crime. Drawing on his distinguished career, John Braithwaite has bestowed an extraordinary gift—a book, like other masterpieces, that will yield special insights each time we take an excursion through its pages.’ – Francis T. Cullen, Distinguished Research Professor Emeritus, University of Cincinnati ‘In this engaging book John Braithwaite reinvigorates discussions about crime and its control. While advocating a macro approach, the book is punctuated not only with insights and data from smaller-scale studies conducted in a range of jurisdictions, but also with auto-biographical vignettes. The effect creates a deeply personal account of the perils of state, non-state and market violence and authoritarianism and the potential and indeed duty, of criminologists to work towards their reduction, by refocusing their efforts on explaining and tackling crime in its myriad of forms.’ – Mary Bosworth, Professor of Criminology, University of Oxford and Monash University ‘John Braithwaite has had a unique influence on criminology globally. In this encyclopaedic text he synthesises a wealth of criminological knowledge, particularly in the sphere of anomie theory, into broader debates about the nature of domination and freedom in contemporary society. He defends the relevance of criminological theory, while urging criminology to be activist rather than reactive and technocratic, counter-hegemonic rather than neutral. Not for the first time, John Braithwaite has challenged criminologists to construct theories that cut across micro and macro structures. This book will stir debate. It deserves a broad readership.’ – Harry Blagg, Professor of Criminology, University of Western Australia

Macrocriminology and Freedom

Paul R. Wilson

Chapter by J.B. Braithwaite and B. Condon separately annotated.

Crimes of the Powerless and the Powerful

Two Faces of Deviance

First published in 1984, this book examines corporate crime in the pharmaceutical industry. Based on extensive research, including interviews with 131 senior executives of pharmaceutical companies in the United States, the United Kingdom, Australia, Mexico and Guatemala, the book is a major study of white-collar crime. Written in the 1980s, it covers topics such as international bribery and corruption, fraud in the testing of drugs and criminal negligence in the unsafe manufacturing of drugs. The author considers the implications of his findings for a range of strategies to control corporate crime, nationally and internationally.

Corporate Crime in the Pharmaceutical Industry (Routledge Revivals)

Valerie Braithwaite

Leah Dunn

Michael Cookson

Indonesia suffered an explosion of religious violence, ethnic violence, separatist violence, terrorism, and violence by criminal gangs, the security forces and militias in the late 1990s and early 2000s. By 2002 Indonesia had the worst terrorism problem of any nation. All these forms of violence have now fallen dramatically. How was this accomplished? What drove the rise and the fall of violence? Anomie theory is deployed to explain these developments. Sudden institutional change at the time of the Asian financial crisis and the fall of President Suharto meant the rules of the game were up for grabs. Valerie Braithwaite's motivational postures theory is used to explain the gaming of the rules and the disengagement from authority that occurred in that era. Ultimately resistance to Suharto laid a foundation for commitment to a revised, more democratic, institutional order. The peacebuilding that occurred was not based on the high-integrity truth-seeking and reconciliation that was the normative preference of these authors. Rather it was based on non-truth, sometimes lies, and yet substantial reconciliation. This poses a challenge to restorative justice theories of peacebuilding.

Non-truth and Reconciliation in Indonesian Peacebuilding

Anomie and Violence

Bina D'Costa

As in the cascading of water, violence and nonviolence can cascade down from commanding heights of power (as in waterfalls), up from powerless peripheries, and can undulate to spread horizontally (flowing from one space to another). As with containing water, conflict cannot be contained without asking crucial questions about which variables might cause it to cascade from the top-down, bottom up and from the middle-out. The book shows how violence cascades from state to state. Empirical research has shown that nations with a neighbor at war are more likely to have a civil war themselves (Sambanis 2001). More importantly in the analysis of this book, war cascades from hot spot to hot spot within and between states (Autesserre 2010, 2014). The key to understanding cascades of hot spots is in the interaction between local and macro cleavages and alliances (Kalyvas 2006). The analysis exposes the folly of asking single-level policy questions like do the benefits and costs of a regime change in Iraq justify an invasion? We must also ask what other violence might cascade from an invasion of Iraq? The cascades concept is widespread in the physical and biological sciences with cascades in geology, particle physics and the globalization of contagion. The past two decades has seen prominent and powerful applications of the cascades idea to the social sciences (Sunstein 1997; Gladwell 2000; Sikkink 2011). In his discussion of ethnic violence, James Rosenau (1990) stressed that the image of turbulence developed by mathematicians and physicists could provide an important basis for understanding the idea of bifurcation and related ideas of complexity, chaos, and turbulence in complex systems. He classified the bifurcated systems in contemporary world politics as the multicentric system and the statecentric system. Each of these affects the others in multiple ways, at multiple levels, and in ways that make events enormously hard to predict (Rosenau 1990, 2006). He replaced the idea of events with cascades to describe the event structures that 'gather momentum, stall, reverse course, and resume anew as their repercussions spread among whole systems and subsystems' (1990: 299). Through a detailed analysis of case studies in South Asia, that built on John Braithwaite's twenty-five year project Peacebuilding Compared, and coding of conflicts in different parts of the globe, we expand Rosenau's concept of global turbulence and images of cascades. In the cascades of violence in South Asia, we demonstrate how micro-events such as localized riots, land-grabbing, pervasive militarization and attempts to assassinate political leaders are linked to large scale macro-events of global politics. We argue in order to prevent future conflicts there is a need to understand the relationships between history, structures and agency; interest, values and politics; global and local factors and alliances.

War, Crime and Peacebuilding Across South Asia

Cascades of Violence

Hilary Charlesworth

Peter Reddy

Following a bloody civil war, peace consolidated slowly and sequentially in Bougainville. That sequence was of both a top-down architecture of credible commitment in a formal peace process and layer upon layer of bottom-up reconciliation. Reconciliation was based on indigenous traditions of peacemaking. It also drew on Christian traditions of reconciliation, on training in restorative justice principles and on innovation in womens’ peacebuilding. Peacekeepers opened safe spaces for reconciliation, but it was locals who shaped and owned the peace. There is much to learn from this distinctively indigenous peace architecture. It is a far cry from the norms of a ‘liberal peace’ or a ‘realist peace’. The authors describe it as a hybrid ‘restorative peace’ in which ‘mothers of the land’ and then male combatants linked arms in creative ways. A danger to Bougainville’s peace is weakness of international commitment to honour the result of a forthcoming independence referendum that is one central plank of the peace deal.

Sequencing Peace in Bougainville

Reconciliation and Architectures of Commitment

How can power over others be transformed to 'power with'? It is possible to transform many institutions to build societies with less predation and more freedom. These stretch from families and institutions of gender to the United Nations. Some societies, times and places have crime rates a hundred times higher than others. Some police forces kill at a hundred times the rate of others. Some criminal corporations kill thousands more than others. Micro variables fail to explain these patterns. Prevention principles for that challenge are macrocriminological. Freedom is conceived in a republican way as non-domination. Tempering domination prevents crime; crime prevention reduces domination. Many believe a high crime rate is a price of freedom. Not Braithwaite. His principles of crime control are to build freedom, temper power, lift people from poverty and reduce all forms of domination. Freedom requires a more just normative order. It requires cascading of peace by social movements for non-violence and non-domination. Periods of war, domination and anomie cascade with long lags to elevated crime, violence, inter-generational self-violence and ecocide. Cybercrime today poses risks of anomic nuclear wars. Braithwaite's proposals refine some of criminology's central theories and sharpen their relevance to all varieties of freedom. They can be reduced to one sentence. Strengthen freedom to prevent crime, prevent crime to strengthen freedom.

M. N. G. Dukes

J. P. Moloney

The pharmaceutical industry exists to serve the community but, over the years, it has engaged massively in corporate crime, with the public footing the bill. This study documents the problems and presents a realistic solution for the future.

Pharmaceuticals, Corporate Crime and Public Health

Explaining why accountability for corporate crime is rarely imposed under the present law, this text proposes solutions that would help to extend responsibility to a wide range of actors. It develops an Accountability Model under which the courts and corporations work together to achieve accountability across a broad front.

Corporations, Crime and Accountability

New intellectual property regimes are entrenching new inequalities. Access to information is fundamental to the exercise of human rights and marketplace competition, but patents are being used to lock up vital educational, software, genetic and other information, creating a global property order dominated by a multinational elite. How did intellectual property rules become part of the World Trade Organization's free trade agreements? How have these rules changed the knowledge game for international business? What are the consequences for the ownership of biotechnology and digital technology, and for all those who have to pay for what was once shared information? Based on extensive interviews with key players, this book tells the story of these profound transformations in information ownership. The authors argue that in the globalized information society, the rich have found new ways to rob the poor, and shows how intellectual property rights can be more democratically defined.

Who Owns the Knowledge Economy

First published in 1979, Inequality, Crime, and Public Policy integrates and interprets the vast corpus of existing research on social class, slums, and crime, and presents its own findings on these matters. It explores two major questions. First, do policies designed to redistribute wealth and power within capitalist societies have effects upon crime? Second, do policies created to overcome the residential segregation of social classes have effects on crime? The book provides a brilliantly comprehensive and systematic review of the empirical evidence to support or refute the classic theories of Engles, Bonger, Merton, Cloward and Ohlin, Cohen, Miller, Shaw and McKay, amongst many others. Braithwaite confronts these theories with evidence of the extent and nature of white collar crime, and a consideration of the way law enhancement and law enforcement might serve class interest.

Inequality, Crime and Public Policy (Routledge Revivals)

Containing the Suppressed Facts Necessary to a Proper Understanding of the Causes of the Failure of the Steam Machinery of the Victory, and a Just Appreciation of Captain Sir John Ross's Character as an Officer and a Man of Science

Supplement to Captain Sir John Ross's Narrative of a Second Voyage in the Victory in Search of a North-west Passage

Philip Pettit

Professorial Fellow in the Research School of Social Sciences John Braithwaite

William Nelson Cromwell Professor of Politics Department of Philosophy Philip Pettit

Arguing for a radical shift in the research agenda of criminology, this monograph offers a comprehensive theory of criminal justice which draws on a philosophical view of the good and the right, and which points the way to practical intervention in the real world of incremental reform.

A Republican Theory of Criminal Justice

Not Just Deserts

Nathan Harris

Eliza Ahmed

This 2001 book is a follow-on to John Braithwaite's best-selling and influential Crime, Shame and Reintegration. Shame management is becoming a central concept, in theoretical and practical terms. This book makes a major contribution to the advancement of shame in a theoretical sense. For criminology, as well as for psychology, sociology and other areas, this accessible book serves as an introduction to the concepts of shame, guilt and embarrassment. Presenting research by the Restorative Justice Centre at the Australian National University, the book contributes immeasurably to the development of practical alternatives to common sanctions in an effort to reduce crime and other social problems. Written by the key exponents of restorative justice, the book is an important re-statement of the theory and practice of shaming. It will develop important and often controversial debates about punishment, shaming and restorative justice to a new level.

John Braithwaite

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