Taking market crime seriously

Farmer, L. (2022) Taking market crime seriously. Legal Studies, 42(3), pp. 508-524. (doi: 10.1017/lst.2022.2)

[img] Text
262407.pdf - Published Version
Available under License Creative Commons Attribution.



There has been a transformation in the number and the scope of criminal laws relating to forms of market misconduct. Surprisingly, however, this area of criminal law is not one that has been systematically explored in recent writing about criminalisation. However, concepts such as white-collar crime, or financial crime, which are widely used to describe this area, are poorly defined and offer little analytic clarity. This paper argues that to take market crimes seriously it is necessary to focus on what is distinctive about markets and about market misconduct as a form of wrongdoing. This allows us to see the area as a whole and identify certain common features based on central institutional features of markets and the role that criminal law has played in protecting them – notably ensuring competition, preventing exploitation, and embedding trust. This approach, then, can be a means of raising wider questions about our understanding of the relationship between criminal law and the market in modern society – and the role that criminal law can or should play in regulating those markets.

Item Type:Articles
Glasgow Author(s) Enlighten ID:Farmer, Professor Lindsay
Authors: Farmer, L.
College/School:College of Social Sciences > School of Law
Journal Name:Legal Studies
Publisher:Cambridge University Press
ISSN (Online):1748-121X
Published Online:02 March 2022
Copyright Holders:Copyright © 2022 The Author
First Published:First published in Legal Studies 42(3): 508-524
Publisher Policy:Reproduced under a Creative Commons licence

University Staff: Request a correction | Enlighten Editors: Update this record