Regulatory Mix, Collective Efficacy, and Crimes of the Powerful

Abstract

This article argues against abolitionism, then against excess in criminalization for white-collar and corporate crime. While the criminal label does useful work, it does that work better when combined with a wide range of regulatory tools. The best strategies create spaces where reformers inside criminal organizations and regulatory agencies are supported to acquire the collective efficacy to transform corporate cultures. This can happen relationally with civil society support, but it never happens sustainably if civil society and street-level regulatory pressure is not sustained. It is early days in our journey of learning how to sequence and mix strategies and how to empower the powerless to resist crimes of the powerful effectively and with justice.