NCJ Number
65761
Date Published
1980
Length
16 pages
Annotation
THE USEFULNESS OF A CONFLICT INTERPRETATION OF THE EMERGENCE AND ADMINISTRATION OF MAJOR LAWS TO FOSTER ECONOMIC COMPETITION IN CANADA, THE UNITED STATES, AUSTRALIA, AND THE UNITED KINGDOM IS ASSESSED.
Abstract
THE CONFLICT PERSPECTIVE OF THE DEVELOPMENT OF CRIMINAL LAW VIEWS THE LEGISLATIVE PROCESS AS AN EFFORT BY THE POWERFUL TO MAINTAIN AND EXPAND THEIR ECONOMIC AND CONTROLLING INTERESTS. LEGISLATION CONTROLLING CORPORATIONS PROVIDES AN APPARENT CONTRADICTION TO THIS THEORY. HOWEVER, AN ANALYSIS OF THE EMERGENCE OF SUCH LAWS IN CANADA, THE UNITED STATES, AUSTRALIA, AND THE UNITED KINGDOM REVEALS THAT THE PASSAGE OF SUCH LAWS WAS A MEANS OF REDUCING GROWING MANIFESTATIONS OF DISSATISFACTION AND CONFLICT EXISTING IN AND FOMENTED BY THE MASSES ALIENATED FROM ECONOMIC AND POLITICAL POWER. THE ENACTED LAWS SUPPOSEDLY INTENDED TO PROTECT THE DYNAMICS OF COMPETITION AND STIMULATE ECONOMIC DISTRIBUTION AMONG THE CITIZENRY HAVE PROVEN TO BE INEFFECTIVE DUE TO LIMITED ENFORCEMENT AND PETTY SANCTIONS THAT DO NOT COUNTER THE ADVANTAGES OF LAW VIOLATIONS. COMPETITION LEGISLATION THUS GIVES THE APPEARANCE OF UNDERMINING THE EXPANSION AND DOMINATION OF LARGE CORPORATIONS IN A SOCIETY, WHILE, IN FACT, BUSINESS CONTINUES AS USUAL. THE CONFLICT THEORY OF LAWMAKING CAN BE PROVEN LIMITED IN ITS PERSPECTIVE ONLY IF STATES SHOW A COMMITMENT TO COUNTERING THE FUNDAMENTAL CRIMINOGENIC ASPECTS OF CORPORATE BUSINESS. THIS WILL REQUIRE NEW METHODS OF RESEARCHING AND CONTROLLING SUCH BEHAVIOR. NOTES AND REFERENCES ARE PROVIDED. (RCB)