The fight against organized crimes is a field where the application of comparative law methodology finds its ideal terrain. Therefore the comparatist who tackles aspects of the fight against crime must on one hand keep the regulatory elements and legislative instruments very clear but must also check the efficiency and effectiveness of the regulatory and legislative choices with respect to their possible application, both in the initial context and in the contexts subject to possible transplantation. This is why the comparatist should rediscover the "alternative" role of law in general and private law in particular. Finding means and solutions other than the simple criminal punitive system that make it more convenient and satisfying to follow the rules instead of breaking them is the best way to actually fight the crime.
Miranda A (2023). Comparative perspectives in fighting organized crime. In B. Rider (a cura di), A research agenda for Economic Crime and Development (pp. 205-233). Edward Elgar Publishing.
Comparative perspectives in fighting organized crime
Miranda A
2023-01-01
Abstract
The fight against organized crimes is a field where the application of comparative law methodology finds its ideal terrain. Therefore the comparatist who tackles aspects of the fight against crime must on one hand keep the regulatory elements and legislative instruments very clear but must also check the efficiency and effectiveness of the regulatory and legislative choices with respect to their possible application, both in the initial context and in the contexts subject to possible transplantation. This is why the comparatist should rediscover the "alternative" role of law in general and private law in particular. Finding means and solutions other than the simple criminal punitive system that make it more convenient and satisfying to follow the rules instead of breaking them is the best way to actually fight the crime.File | Dimensione | Formato | |
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