Lying, Cheating, and Stealing
A Moral Theory of White-Collar Crime
Series: Oxford Monographs on Criminal Law and Justice;
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Product details:
- Publisher OUP Oxford
- Date of Publication 26 January 2006
- ISBN 9780199268580
- Binding Hardback
- No. of pages320 pages
- Size 242x162x24 mm
- Weight 631 g
- Language English 0
Categories
Short description:
This is the first book to take a comprehensive look at white collar criminal offenses from the perspective of moral and legal theory. Focusing on the way in which key white-collar crimes such as fraud, perjury, false statements, obstruction of justice, bribery, extortion, blackmail, insider trading, tax evasion, and regulatory and intellectual property offenses are shaped and informed by a range of familiar, but nevertheless powerful, moral norms.
MoreLong description:
Where should the line between serious criminal fraud and lawful 'puffing' be drawn? What constitutes tax evasion beyond mere 'tax avoidance'? What separates obstruction of justice from 'zealous advocacy', or insider trading from 'savvy investing'? Can we meaningfully distinguish bribery from 'campaign contributions', or perjury from 'wiliness' on the witness stand? A look at some of the most high profile white collar crime cases in recent history will quickly reveal that there can sometimes be a fine line between serious fraudulent conduct and behaviour which, though it might be shrewd, crafty, or even devious, is not ultimately criminal.
According to the traditional conception of the criminal law, penal sanctions should be used as a 'last resort', applicable only to conduct that is truly and unambiguously blameworthy. White-collar crime poses a serious challenge to this traditional view. This is the first book to use the tools of moral and legal theory as a means to examine a range of specific white-collar offenses, aiming to develop and apply a methodology that will allow us to make meaningful distinctions between genuine white collar criminality and merely aggressive business behavior.
Particular attention is paid to the concept of moral wrongfulness, which is described in terms of violations of a range of familiar, but nevertheless powerful, moral norms that inform and shape the leading white-collar criminal offenses - norms against not only lying, cheating, and stealing, but also coercion, exploitation, disloyalty, promise-breaking, and defiance of law. It is through such analysis that the whole moral fabric of white-collar crime is brought into sharp relief.
This book marks a real advance in normative theorising about the moral foundations of the criminal law: it should provoke theorists to think not just about murder, but about insider trading; not just about rape, but about tax evasion - and about the wide range of regulatory offences' whose moral content has been so under-explored. This is an important book, which opens up the vast field of 'white-collar crime' to deep normative theorising - theorising that is informed by an acute grasp of the legal issues and by a thorough philosophical grounding.
Table of Contents:
Preface
Introduction
I Getting Started
The Meaning of 'White Collar Crime'
Some Generalizations About the Moral Content of White Collar Crime
A Three-Part Framework for Analysis
II Defining Moral Wrongfulness
Cheating
Deception
Stealing
Coercion and Expoitation
Disloyalty
Promise-Breaking
Disobediance
A Concluding Thought on Moral Wrongfulness
III Finding the Moral Content of White Collar Offenses
Perjury
Fraud
False Statements
Obstruction of Justice
Bribery
Extortion and Blackmail
Insider Trading
Tax Evasion
Regulatory Offenses
Conclusions
