John Braithwaite - Regulation, Crime and Freedom

John Braithwaite

First published 2000 by Dartmouth Publishing Company and Ashgate Publishing

Reissued 2018 by Routledge
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Copyright John Braithwaite 2000

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A Library of Congress record exists under LC control number: 99039395

ISBN 13: 978-1-138-71191-4 (hbk)
ISBN 13: 978-1-315-20036-6 (ebk)

Collected Essays in Law makes available some of the most important work of scholars who have made a major contribution to the study of law. Each volume brings together a selection of writings by a leading authority on a particular subject. The series gives authors an opportunity to present and comment on what they regard as their most important work in a specific area. Within their chosen subject area, the collections aim to give a comprehensive coverage of the authors research. Care is taken to include essays and articles which are less readily accessible and to give the reader a picture of the development of the authors work and an indication of research in progress.

The initial volumes in the series include collections by Professors Frederick Schauer (Harvard), Constitutional Interpretation, John Braithwaite (ANU), Regulation, Crime and Freedom, Tom Morawetz, Laws Premises, Laws Promise, Robert Summers (Cornell), Laws Form and Substance, and Larry Alexander (San Diego), Legal Rules and Legal Reasoning. These collections set a high standard for future volumes in the series and I am most grateful to all of these distinguished authors for being in at the start of what it is hoped will become a rich and varied repository of the achievements of contemporary legal scholarship

My thanks to Tom Campbell, editor of the Dartmouth series of Collected Essays in Law for the encouragement to put together this collection and to Alison Pilger for practical help to make it happen. Particular thanks are due to my partner in all things, Valerie Braithwaite, and my friends, Brent Fisse and Stephen Mugford, for permission to reprint works co-authored with them. Indeed, I owe a huge debt to all my co-authors. I doubt if many scholars have learnt as much from co-authors. In my writing I have enjoyed straying beyond my competence, but only after being emboldened by co-authors who were extraordinarily competent in the fields I invaded. A similar debt is owed to my PhD students who have brought competencies to our various shared enterprises that were lacking in me. Acknowledgment is also due to the publishers listed in the Table of Contents for their permissions to reprint.

Finally, I thank the institutions where I worked as these pieces were written for the many ways they sustained me and nurtured my intellectual citizenship. I am glad I worked at every one of them. In 1969 I started as an undergraduate at the University of Queensland. John Western and Paul Wilson, in particular stuck by me even though my academic record was not impressive; among other things, I failed to obtain a pass in first year sociology and in mathematics honours and obtained only a second class honours in anthropology and sociology. I finished up at the University of Queensland in 1978 after periods as a research assistant, PhD student and lecturer. The subsequent employers I wish to thank are Griffith University (197577), the Australian Institute of Criminology (197882), the University of California, Irvine (1979), the Australian Federation of Consumer Organizations (198284), the American Bar Foundation (1988, 1990) and the Australian National University (since 1984). While the debts I owe to all of them are genuinely deep, the deepest is to the Australian National University and the wonderful group of colleagues and support staff of the Research School of Social Sciences.