Regulatory Imagination and Justice Research or Regulatory Theory and Crime Prevention; Criminological Theory and Better

1. Regulatory Imagination and Justice Research or Regulatory Theory and Crime Prevention; Criminological Theory and Better Regulation John Braithwaite RegNet Australian National University 1st Annual Lecture: Regulation, Security & Justice Centre, University of Manchester Law School

2. Conclusions We live in an era of Regulatory Capitalism • Regulatory theory can help solve crime problems • Criminological theory can help solve regulatory problems • Big problems like climate change, war, poverty and the global financial crisis are both regulatory problems and crime problems In such a world:

3. David Levi-Faur and Jacint Jordana show empirically that we live in an era that they dubbed RegulatoryCapitalism • Jordana, J and Levi-Faur, D (Eds.) The Politics of Regulation: Examining Regulatory Institutions and Instruments in the Governance Age, Edward Elgar, Cheltenham, 2004. • Levi-Faur, D. The Global Diffusion of Regulatory Capitalism, Annals of the American Academy of Political and Social Science, 598, 2005, 12-32. • Levi-Faur, D. Regulatory Capitalism & the Reassertion of the Public Interests, Policy and Society, Vol. 27 (3), 2008, 181-191.

4. Here is a history of the growth of regulatory capitalism in data prepared by David Levi-Faur, Jacint Jordana and Xavier Fernandez

6. A paramilitary police specializing in crime control globalized from 1829 from Sir Robert Peel’s model for London. Modelling is the most important mechanism of the globalization of regulation • It is activated by Model Mongers, activists who keep a model on the back burner until a crisis allows them to implement it • Model Missionaries spread the model to ‘less enlightened’ parts of the world • Model Mercenaries make money spreading the model • Model Misers prefer copying to innovating to avoid model debugging costs • Model Modernisers copy models from the centre of the world system so they look modern, civilized or progressive, even if the model does not work in their context! See John Braithwaite and Peter Drahos, Global Business Regulation, Cambridge University Press, 2000.

7. Regulation is that large subset of governance that is about steering the flow of events (as opposed to providing and distributing). • More of governance today is about regulation. • This is true not only of state governance, but also private governance by corporations, industry associations, professional associations and hybrid private-public governance (eg some Fair Trade certification). • Corporations, like states, govern more through contract and audit of compliance. • Descriptively, Regulatory Capitalism is an era with stronger regulation and stronger markets. One of the things regulation has achieved is freeing up markets. See John Braithwaite, Regulatory Capitalism: How it Works, Ideas for Making it Work Better, Edward Elgar, 2008.

8. Whether Regulatory Capitalism makes us more free, or less, depends on the details of its design and the values it embodies. • Therefore we need a normative theory of regulation. • For Philip Pettit and John Braithwaite that normative theory is republican. • Republican theory says: The ‘Regulatory Craft’ should seek to maximise republican freedom – freedom as non-domination John Braithwaite and Philip Pettit, Not Just Deserts: A Republican Theory of Criminal Justice, Oxford, 1990. Philip Pettit, Republicanism, Oxford, 1997. Malcolm Sparrow, The Regulatory Craft, Brookings, 2000.

9. How a combination of regulatory imagination and criminological imagination can advance some solutions to selected problems: • The Global Financial Crisis • Climate Change • Fiscal Balance by Tackling Tax Cheating • Health and Aged Care Regulation • World Peace

10. Theories on which Lawrence Sherman has been a key contributor: • Hot spots • Defiance theory • Restorative justice • Responsive regulation

11. Defiance theory and the context of when deterrence increases violence and crime, and when it reduces it J. Braithwaite et al, Peacebuilding Compared Papua Working Paper

12. Assumption Incompetent or Irrational Actor Rational Actor Virtuous Citizen Learning Citizen

13. An Australian Nursing Home Enforcement Pyramid

14. Network partner Network partner Network partner Network partner Network partner Network partner Networked regulation plus-plus Network partner Network partner Networked regulation plus Network partner Network partner Networked regulation Network partner Network partner Self-regulation J. Braithwaite, Responsive Regulation and Developing Economies, World Development, 34, 2006, 884-898.

16. Regulatory Pyramid Strengths-based Pyramid From J. Braithwaite, T. Makkai and V. Braithwaite, Regulating Aged Care, Edward Elgar, 2007.

19. Volume 1 - Peacebuilding in Oceania: Indonesia, Australia, New Zealand and Regional Peacekeeping Bougainville Aceh West Kalimantan Papua Maluku – Ambon Central Kalimantan North Maluku – Ternate SolomonIslands Central Sulawesi – Poso Timor-Leste

20. GNR

21. GNR gang fighting control pyramid in Timor-Leste

22. Laskar Jihad

23. Ambon Mosque: Arif Pole Erected by Christian Neighbours

24. The enforcement swamping problem and: • Disarming militias • Corruption • Tax compliance

26. Ethnic conflict in poor multi-ethnic societies mostly starts in rural areas, then spreads to the capital. • So the challenge is rural policing that prevents violence before it spreads. • That requires reversing the global modelling of Sir Robert Peel’s revolution in policing. • Also required to end illegal logging of tropical forests.

27. Last year I worked at the camp. There were seven Malaysian men there, and every one was married to a young girl - 13 or 14. They are not interested in the older girls - once they are 18. Solomon Islander former logger. T. Herbert, Commercial Sexual Exploitation of Children in the Solomon Islands, 2007.

28. The Global Financial Crisis • Housing loan defaults concentrated at hot-spots of US banking. • A preventive strategy would have been to threaten negative licensing of particular bankers and particular banks at those hot-spots. • Then offer them a restorative justice conference to repair the harm and prevent spread of the harm. • How restorative justice might have prevented the collapse of Arthur Andersen, Enron and Worldcom (HIH and One.tel in Australia) in 2001.

29. Conclusions We live in an era of Regulatory Capitalism • Regulatory theory can help solve crime problems • Criminological theory can help solve regulatory problems • Big problems like climate change, war, poverty and the global financial crisis are both regulatory problems and crime problems In such a world: