Constructing White-collar Crime: Rationalities, Communication, Power
Criminal law norms are socially derived, being constructed in political processes, but only recently has criminological research began to focus on the political construction of criminal law. There has been increasing interest in the quality of these political processes, the decisions that result, and the rationales and social forces guiding these decisions.
In Constructing White-Collar Crime, Joachim J. Savelsberg, a sociologist, and Peter Brühl, a lawyer, have provided an interdisciplinary case study of the construction of new German laws against white-collar crime, relating their results to internationally comparative findings. The analysis is empirical; it is theoretically grounded in a sociological approach that contrasts Marxist versus pluralist or differentiation theory, and functionalist versus conflict group or action theory. The authors also analyze their findings in relation to Max Weber's theory of rationalization of law. In addition the research is methodologically innovative, introducing the technique of cognitive mapping into the study of criminal justice legislation. The book represents the authors' attempts to bridge the gap between microsociological and macrosociological approaches to the construction of criminal law.
The authors analyze action rationales, communication patterns, and power structures as they play out in different stages of the law-making process: claims-making in news media; participation of scholars and practitioners in an expert commission and in parliamentary hearings; involvement of industrial lobbying groups during the drafting of the bill in the Department of Justice; and parliamentary deliberations. The analysis demonstrates the considerable weight of economic and political rationales as opposed to justice criteria in the development of criminal legislation. It also indicates that white-collar crime legislation may have counterproductive consequences. The laws are intended to increase the quality of criminal justice by criminalizing the behavior of the powerful, but the less powerful groups within the white-collar classes are more likely to feel the effects.
Constructing White-Collar Crime will be of interest to students and scholars in the areas of sociology, law, and criminology.
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Questions Introduction to the Case and Overview
The legislative process
Theory and Methods in the Study
From Claims Making
Developing the Claims
Role of the expert commission
Positions and votes in the expert commission
Positions of commission members on the Criminalization Scale
Cognitive map of Representative D
Cognitive map of Representative A
Cognitive map of Representative E
Context Structures Situations and Argument
Types of cognitive maps
Complexity of maps by preparedness
Complexity of maps by government branch
Complexity of maps by majorityminority
Cognitive map of economic law professor U
Cognitive map of criminal law professor T
The Production of the Second Law Against Economic
Cognitive map of Representative B
Cognitive map of Representative C