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Criminality at Work$
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Alan Bogg, Jennifer Collins, Mark Freedland, and Jonathan Herring

Print publication date: 2020

Print ISBN-13: 9780198836995

Published to Oxford Scholarship Online: April 2020

DOI: 10.1093/oso/9780198836995.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 June 2021

Exploitation at Work

Exploitation at Work

Beyond a ‘Criminalization’ or ‘Regulatory Alternatives’ Dichotomy

Chapter:
(p.97) 5 Exploitation at Work
Source:
Criminality at Work
Author(s):

Jennifer Collins

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198836995.003.0005

The theme of exploitation in work relations has produced an increasingly polarized set of positions ‘for’ or ‘against’ criminalization. For example, it has been argued that the effects of criminalization, deployed in a political environment that welcomes a ‘law and order’ policy agenda, over-bear other areas of law (such as labour law) which are worker-protective in ameliorating labour exploitation. In this chapter I argue that a rigid position ‘for’ or ‘against’ criminalizing exploitation ought to be resisted in favour of a more nuanced regulatory mix. There ought to be a greater focus on the ways in which decisions between regulatory channels are made once an in-principle case for criminalization has been established. This includes appraising criminalization in its wider regulatory context, as well as more nuanced arguments about the appropriateness of criminal law interventions which include ‘regulation plus crime’ measures.

Keywords:   exploitation, wrongdoing, personal work relations, modern slavery, predation, MSA, Modern Slavery Act 2015, regulatory channels, regulatory alternatives

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