Reengaging Criminology in Regulation and Governance: A Synergistic Research Agenda on Guardian Roles and Capability

• In Event: Roundtable: The Criminology of Regulation

Abstract

Recent literature calls for scholars to bridge the divide that has emerged between criminology and regulation and governance. In the current work, we propose that criminological opportunity theories provide one fruitful pathway to that end. Specifically, introducing the concept of capable guardianship to regulatory governance and building theoretical understanding of guardian roles and what makes various types of guardians “capable” can help both fields refine expectations of the governance capacity of various private and public “stakeholders” in specific regulatory environments. The overarching goal of this work is to utilize the strengths of sometimes competing disciplinary assumptions and perspectives to advance scholarly insights. Proactive consideration of such insights in the design of future legislation and systems of oversight and accountability may also improve governance implementation and effectiveness. The paper will begin with review of key concepts from opportunity theories, particularly those related to the concept of capable guardianship. We will next outline the ways in which our perspective differs from the standard assumptions and approach in regulation and governance before highlighting the potential contributions of bringing a proactive and capability-oriented lens to designing and implementing guardianship. We will then demonstrate the utility of this approach using a series of case studies from our previous work in different regulatory arenas, such as corporate financial fraud, corporate environmental crime, and wildlife trafficking. The conclusion will offer directions for future research.

Authors

• Rachel Boratto, Michigan State University

• Fiona Chan, Indiana University

• Carole Gibbs, Michigan State University