Ch 9-11 notes
Chapter 9 Terms
Administrative Law (p. 261)—written law produced by state and federal regulatory agencies as opposed to government bodies (thus, some disagreement exists as to whether administrative law is law in the full conventional sense or merely a “body of rules”); many of the activities classified as white collar crime are violations of administrative rather than statutory law. Antitrust Law (p. 251)—law directed against monopolistic practices that interfere with the operation of a truly free market. Bounded Rationality (p. 274)—the search for “good-enough” as opposed to ideal solutions in corporate decision making.
Case Law (p. 259)—a body of law based on court opinions and rulings on previous cases; important in white collar crime in that it often establishes precedent for criminal prosecution.
Civil (Tort) Law (p. 268)—law that concerns itself with private, individual harms and objective responsibility, focused mainly on compensating an individual party for measurable harm suffered.
Constitutional Law (p. 259)—statutory law based on the U.S. and state constitutions.
Corporate Criminal Liability (p. 270-271)—holding corporations as an entity, as opposed to the individual personnel of corporations, responsible for illegal acts.
Criminal Law (p. 251)—law in which prosecution takes part on behalf of the entire society, with a greater emphasis on intent as well as evidentiary certainty, which relies on public enforcement and involves the maximization of stigma and censure, partly as a measure of social control Dialectical Perspective (p. 255)—a theory that characterizes lawmaking as a process directed towards resolving various contradictions, conflicts, and dilemmas confronting society in a particular historical context.
Executive Lawmaking (p. 260)—lawmaking that occurs through the executive (presidential) control of agencies that investigate, enforce, and prosecute crime.
Identification Theory (p. 272)—a major
Administrative Law (p. 261)—written law produced by state and federal regulatory agencies as opposed to government bodies (thus, some disagreement exists as to whether administrative law is law in the full conventional sense or merely a “body of rules”); many of the activities classified as white collar crime are violations of administrative rather than statutory law. Antitrust Law (p. 251)—law directed against monopolistic practices that interfere with the operation of a truly free market. Bounded Rationality (p. 274)—the search for “good-enough” as opposed to ideal solutions in corporate decision making.
Case Law (p. 259)—a body of law based on court opinions and rulings on previous cases; important in white collar crime in that it often establishes precedent for criminal prosecution.
Civil (Tort) Law (p. 268)—law that concerns itself with private, individual harms and objective responsibility, focused mainly on compensating an individual party for measurable harm suffered.
Constitutional Law (p. 259)—statutory law based on the U.S. and state constitutions.
Corporate Criminal Liability (p. 270-271)—holding corporations as an entity, as opposed to the individual personnel of corporations, responsible for illegal acts.
Criminal Law (p. 251)—law in which prosecution takes part on behalf of the entire society, with a greater emphasis on intent as well as evidentiary certainty, which relies on public enforcement and involves the maximization of stigma and censure, partly as a measure of social control Dialectical Perspective (p. 255)—a theory that characterizes lawmaking as a process directed towards resolving various contradictions, conflicts, and dilemmas confronting society in a particular historical context.
Executive Lawmaking (p. 260)—lawmaking that occurs through the executive (presidential) control of agencies that investigate, enforce, and prosecute crime.
Identification Theory (p. 272)—a major