Papers by John Braithwaite
Macrocriminology and Freedom, 2022
Asian Journal of Criminology
Macrocriminology and Freedom, 2022
Macrocriminology and Freedom, 2022
Crime cascades to more crime through the following common dynamics: • Modelling (often conceived ... more Crime cascades to more crime through the following common dynamics: • Modelling (often conceived as emulation, diffusion). • Commercial interests cascade particular forms of crime (for example, cocaine franchising) and particular kinds of soft targets for crime (for example, Facebook, Tinder users). • The crimes of parents cascade to crime by their children; the crimes of children cascade to crime by their friends; differential association cascades. • Hopelessness, loss of identity and closure of opportunities tend to cascade, particularly at hotspots of concentrated disadvantage in conditions of extreme inequality and policy failure in providing decent housing for all. • War and pro-violence politics cascade to domination, anomie, hopelessness, closed opportunities and more crime; crime cascades to more war; war cascades recursively to more crime. • War, crime and anomie are often entangled in mutually reinforcing cascades. • War cascades to criminalisation of states and criminalisation of markets by armed groups or in pursuit of corruption by shadow states that support armed groups.
Privatizing enforcement
Edward Elgar Publishing eBooks, Jun 27, 2014
ANU Press eBooks, Feb 15, 2022
Routledge eBooks, Jul 5, 2017
It does not surprise anyone when I tell them that the most important tax haven in the world is an... more It does not surprise anyone when I tell them that the most important tax haven in the world is an island. They are surprised, however, when I tell them that the name of the island is Manhattan. Moreover, the second most important tax haven in the world is located on an island. It is a city called London in the United Kingdom.
Institutions and the New History of Humanity
Law and Social Inquiry-journal of The American Bar Foundation, Dec 2, 2022
Positive regulation: The complementary role of supports and sanctions
Edward Elgar Publishing eBooks, Jun 27, 2014
A new capitalism: A new drug diplomacy
Edward Elgar Publishing eBooks, Jun 27, 2014
Corruption, counterfeiting and fraud
Edward Elgar Publishing eBooks, Jun 27, 2014
A Knowledge Hegemony
Actes De La Recherche En Sciences Sociales, 2004
The efficiency and distributive effects of the global knowledge economy are deeply affected by th... more The efficiency and distributive effects of the global knowledge economy are deeply affected by the rules of intellectual property. The present article describes how these rules were globalized by a small group of individuals in the 1980s. This group developed a strategy that was driven by a single idea-US intellectual-property standards could be imposed on all other countries by incorporating these rules into the international trade regime. The result of this strategy is a global intellectual-property ratchet that continues to push intellectual-property standards ever higher. This US hegemony over the global knowledge economy has potentially devastating consequences for economic development. In effect, the “information rich” have found new ways to rob the “information poor”. The article looks at some consequences, especially the effects of patent rules on access to medicines. The author concludes that the US has had a historically unprecedented opportunity to use its stock of knowledge to further the development of the many poor states in the world, but for the time being the US state and US multinationals remained committed partners in the institutional project of information feudalism, that is the project of acquiring and maintaining global power based on the ownership of knowledge assets.
The Essence of Responsive Regulation, Fasken Lecture
Information Feudalism
Routledge eBooks, Sep 25, 2017
ANU Press eBooks, Feb 23, 2017
Asian Journal of Criminology, May 9, 2023
Restorative justice (RJ), as a relatively new justice initiative, has attracted significant atten... more Restorative justice (RJ), as a relatively new justice initiative, has attracted significant attention from academia, the criminal justice system, and across international civil society. China arguably accommodates the world's largest and perhaps the most diverse RJ programs (Braithwaite, 2002; Braithwaite & Zhang, 2017; Cloke, 1987). Chinese RJ is hailed as an "oriental flower" (东方之花) with rich and valuable conflict resolution experience from which its Western counterparts could learn (Hu & Zeng, 2015). However, Chinese RJ, to some large extent, is still vaguely sketched and insufficiently understood. This special issue attempts to unveil some myths of RJ in three Chinese societies (Mainland China, Taiwan, and Hong Kong). Scholars argue that RJ values have existed in ancient Chinese societies for thousands of years (Liu & Palermo, 2009; Wong, 2016). RJ ideals that focus on transforming the offender and restoring harm to the victim are believed to align well with traditional Chinese cultures, particularly Confucianism. Confucianism emphasizes moral values such as benevolence, justice, and harmony. Confucianism condemns litigation as it is a form of conflict that could disrupt harmony and orderly society (Lu, 2008; Wu, 2010). Instead of litigation, Confucianism encourages individuals to resolve their disputes in civil society through mediation, when necessary, to invite the extended family, clans, and guilds to assist in resolving the dispute (Di & Wu, 2009; Lubman, 1967; Zeng, 2009). Endorsed by Confucianism, mediation was pervasive in ancient Chinese society for dispute settlement. Contemporary mediation in mainland China could date back to the Maoist era when the Chinese Community Party (CCP) used it to mobilize and unite the masses for the sake of its political goals (Clarke, 1991; Cloke, 1987; Martin & Zhou, 2022). By empowering the masses to settle their own disputes, the CCP aspired to secure the masses' belief that their concerns had been heard and that they were actually playing a role in the revolution. This was one part of a strategy to gain mass support for the revolution (Glassman, 1992; Lubman, 1967). The milestone of RJ in mainland China was in the 2010s when people's mediation and criminal reconciliation were formally legislated in 2010 and 2012, respectively.
ANU Press eBooks, Feb 15, 2022
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Papers by John Braithwaite
nevertheless shows how in revolutionary conditions, the crowd can be decisive to advance equality. Soft people power is mostly superior for advancing egalitarian agendas than hard power. Yet momentary people
power must grapple with ancient, entrenched, material power. While ethnic or religious groups sometimes create armies, political parties, states within a federation, women do not create such institutions of hard power. Deft
vernacularisation of women’s rights, LGBT[i] rights and the rights of Untouchables into the discourses of both Maoist and western hard
power delivered some egalitarian shifts. This case reveals how windows of soft power that advance gender and class equality can be widened in the face of resurgence of the hard power of parties, militaries, crony capitalism and foreign capital. Together, window-widening, disciplined nonviolence and vernacularisation to enroll hard power can deliver transformations that favour the marginalised.