Policy implications of different theoretical approaches to organised crime
| Date | 05 October 2012 |
| Published date | 05 October 2012 |
| Pages | 400-409 |
| DOI | https://doi.org/10.1108/13590791211266386 |
| Author | Guy W.E. Williams |
| Subject Matter | Accounting & finance |
Policy implications of different
theoretical approaches
to organised crime
Guy W.E. Williams
University of Cambridge, Cambridge, UK
Abstract
Purpose – The purpose of this paper is to better understand the origins and forms of organised crime
and develop policy conclusions for deterrence efforts.
Design/methodology/approach – The paper begins by contrasting two theories of justice and
evaluating their merits with respect to organised crime. Sociological and economic origins of organised
crime, its institutional forms and law enforcement responses are identified. Research into the theory of
organised crime is complemented by historical examples from Italy and the USA.
Findings – The paper finds that analysis of organised crime must go beyond the institutions of the
state and its social contract with the populace. It must recognise relevant social and economic
causative factors, and include institutional and rational choice analysis in order to better understand
the nature of criminal organisations.
Practical implications – Policy implications for deterrence efforts include support for the
establishment of ad hoc enforcement agencies, infiltration of criminal networks, targeting the proceeds
of crime, and statutes allowing prosecution for conspiracy or a broad range of racketeering offences.
Originality/value – The paper presents a conceptual view of organised crime which provides useful
policy conclusions and a basis for future research.
Keywords Crimes,Administrationof justice and law enforcement,Legislation, Organisedcrime, Justice,
Institutionalanalysis, Deterrence, Policy, Italy,United States of America
Paper type Conceptual paper
Introduction
This paper looks at the policy implications of the theoretical approaches of two political
philosophers, John Rawls and Amartya Sen, with respect to organised crime. It is the
opinion of the author that Rawls’ theory of justice fails to address the threat of organised
crime and remains largely detached from the fundamental causes of injustice therein. It
is further suggested that the theory of justice put forward by Sen maintains a greater
degree of relevance to the threat of organised crime and its impact on justice in society.
The case for this argument is made through an analysis of the causes of organised crime,
including economic and sociological factors, as well as the various institutional forms
that organised crime can take such as that of a business, government, or patron-client
network. The examples of organised crime activity in the USA and Italy will be used as
reference, given the rich literature available and the considerable struggle that both
countries have experienced, and continue to experience, in relation to this problem.
Policy implications for this analysis will be considered, including the appropria te
response by law enforcement to minimise the negative impact of organised crime on
society. Particular emphasis will be given to the response of federal law enforcement in
the USA.
The current issue and full text archive of this journal is available at
www.emeraldinsight.com/1359-0790.htm
JFC
19,4
400
Journal of Financial Crime
Vol. 19 No. 4, 2012
pp. 400-409
qEmerald Group Publishing Limited
1359-0790
DOI 10.1108/13590791211266386
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