Tracking the Regulation Debate

Published date01 April 2005
DOI10.1375/acri.38.1.141
Date01 April 2005
AuthorFiona Haines
Subject MatterReview Essay
141
THE AUSTRALIAN AND NEW ZEALAND JOURNAL OF CRIMINOLOGY
VOLUME 38 NUMBER 1 2005 PP.141–147
REVIEW ESSAY
Tracking the Regulation Debate
Fiona Haines
University of Melbourne, Australia
Restorative Justice and Responsive Regulation
By John Braithwaite
(2002) Oxford, UK:Oxford University Press, 336pp,ISBN 0195158393
The Open Corporation:
Effective Self-regulation and Democracy
By Christine Parker
(2002) Cambridge, UK:Cambridge University Press ,376pp, ISBN 0521818907
Securing Compliance: A Principled Approach
By Karen Yeung
(2004) Oxford, UK:Hart, 284pp, ISBN 1841133779
Adapting Legal Cultures
By David Nelken and Johannes Feest
(2001) Oxford, UK:Hart, 282pp, ISBN 1841132918
The study of regulation and compliance, arguably an offshoot of criminology,
inhabits a parallel universe. Links to criminology, mainly through the study of
white-collar and corporate crime are obvious enough, yet the language and debates
within the subdiscipline often are less familiar to criminologists than to, say,
lawyers, economists or scholars of public administration. While polymath criminol-
ogists span diverse disciplinary fields with comparative ease, others feel rather
intimidated. The puzzled reception of the law and economics critique of
Braithwaite’s (2002) book Restorative Justice and Responsive Regulation at the 16th
Annual Australian and New Zealand Society of Criminology conference in
Brisbane in 2002 attests to the problem regulation faces. Its concepts, ideas and
policy prescriptions invoke impassioned responses by interested scholars in
languages alien to criminologists. The purpose of this review essay is to place the
regulatory aspect of the book within its homeland — through analysis of other

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