Editorial
Journal of White Collar
and Corporate Crime
2021, Vol. 0(0) 1–4
© The Author(s) 2021
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DOI: 10.1177/2631309X211056378
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Challenging Existing Regulatory Approaches
for White-Collar and Corporate Crimes
The regulation of crimes and harms occurring at the state-
corporate nexus presents ongoing challenges across political
systems, markets, and organisations. Thus, a core goal of the
Journal of White-Collar and Corporate Crime (JWCCC) is to
support new socio-legal and political interventions through
targeted policy change and critique (Alvesalo-Kuusi & Barak,
2020), and by embracing proposals to regulate and prevent
white-collar and corporate crime from a multidisciplinary
background (see for instance Gottschalk, 2021; Mulinari et al.,
2021). Notably, experts across disciplines vary in their
ideological and methodological approaches to studies of
corporate activity and processes of corporate regulation,
which span from consensus approaches to conflict driven
strategies ( Whyte, 2004). In scholarship, this has led to
disciplinary divides between regulation-governance
studies and corporate criminology (Almond & van Erp,
2020).
From the perspective of regulation and governance that
emphasize ‘softer ’ persuasion, along with associated com-
pliance or ‘social responsibility’-led initiatives, corporate
criminology is perceived as prioritizing criminal justice in-
terventions based on coercion and deterrence, at the expense
of non-penal interventions within civil society (Almond &
Van Erp, 2020). In this line, in the Inaugural Issue of JWCCC,
Braithwaite (2020) outlines the gains of responsive regulatory
theory. While acknowledging the usefulness of the criminal
label for victims of corporate crimes, he argues against
excessive criminalization and instead points to multidimen-
sionality in regulatory strategies as the most effective way to
tackle crimes of the powerful. Indeed, in recent years
growing numbers of studies reveal insuf ficient deterrence
by corporate fines (Mischke et al., 2013; Schell-Busey et al.,
2016; Simpson et al., 2014; ), incapacity of criminal justice
systems to implement corporate criminal liability (Alvesalo-
Kuusi et al., 2018), and better predisposition to tackle white-
collar and corporate crimes through alternative sanctions (van
Erp, 2014), as well as alternative conflict resolution methods
(Wortman Jofre, 2019).
On the other hand, from more critical perspectives em-
braced by corporate criminologists, these consensus-oriented
approaches to regulation disregard broader systems of in-
equality and power, in which regulatory strategies emerge and
are applied, often in a (deliberately) limited or limiting way.
Although there are good reasons to argue in favour of ‘more’
or ‘better’ regulation to address white-collar and corporate
crimes, researchers also need to consider why these crimes
remain hidden from agencies and other groups such as
victims – in other words, how perpetrators maintain their
‘silence’ despite regulatory frameworks (van de Bunt, 2010:
435). Critical studies work to reveal the inherent bias of law
and regulation towards the powerful, and to show how dif-
ferent regulatory strategies serve to maintain existing power
relations. Within this framing, ‘softer ’ persuasion, along
with associated compliance or ‘social responsibility’-led self-
regulatory initiatives are perceived as a “crime (un)control
industry” that allows for law avoidance and distracts from the
issues underlining corporate misconduct (Bittle, 2012).
Hence, white-collar and corporate crime and harm occurs not
because the law and regulation is disobeyed, but rather be-
cause it is obeyed (Tombs & Whyte, 2020). Given the con-
ventionalisation of corporate crimes and harms through law
and state practices, some consider proposals for more regu-
lation and enforcement to mitigate state-corporate crimes and
harms as counterproductive and legitimizing a violent system
of control (Rothe, 2020).
Ultimately, the disciplinary conflict oscillates around two
points; the reformative suggestions within the status quo, and
the proposals uncovering and challenging this status-quo.
The JWCCC embraces both perspectives. In the absence of
significant political-economic or ‘structural’ reform, tangible
and practical (if incremental) changes to existing practice
have the potential to disrupt harmful organisational practices
and prove beneficial to groups such as victims and/or con-
sumers. The contributions of this issue explore the effec-
tiveness, potential and limitations of existing regulatory
regimes for white collar crime at different levels of analysis.
In general, the discussions on regulating white-collar and
corporate crime range from individual/interactional (micro),
organisational (meso), and political-economic (macro) factors
(e.g., Bradshaw, 2014). Across these analytic themes are ef-
forts to situate individual behaviour in broader contexts,
Corresponding Authors:
Jon Davies, Lecturer in Criminology, Department of Criminology, School
of Social Sciences, The University of Manchester, Oxford Road, Manchester,
M13 9PL
Email: jonathan.davies-4@manchester.ac.uk
Hanna Maria Malik, Postdoctoral Researcher, Faculty of Law, University of
Turku, Finland
Email: hanna.malik@utu.fi