Publication Type

Journal Article

Publication Date

12-2012

Abstract

It is one thing to assert that conventional market analysis is critically useful in understanding criminal enterprise. It is more challenging to suggest that corrupt and compromised legal regulation interacts with other critical market variables to maximise market advantage for crime business in a similar manner to legitimate regulatory forces in their protection and enhancement of legitimate business enterprise. The central argument of this paper is that crime business mirrors other business forms when considered in terms of critical market variables, and that in particular regulatory forces when inverted from their original purposes can influence market conditions in the same ways desired from the legitimate regulatory form. The main research direction deriving from the analysis of regulatory influences over specific criminal enterprises is how do certain critical market forces essentially facilitate criminal enterprise as a market phenomenon. This paper suggests how through comparatively analysing nominated critical market forces in the context of lucrative and recurrent criminal enterprises, common business decision-making may be predicted and thereby controlled beyond a law enforcement paradigm. In fact, the paper argues that when perverted law enforcement regulation operates as an inter-connecting market characteristic then it can have a similar influence over illegitimate enterprise that law enforcement may provide legitimate business. By establishing a richer and more enterprise-oriented understanding of crucial market variables, it becomes possible to refine control strategies at critical entry and exit points in the operation of clandestine crime businesses. The paper will challenge a comparative theorising of what makes crime business a good business, and how normative distinctions between illegitimate markets are made less convincing when positioned against an analysis of the interaction of critical market variables.

Keywords

Crime business, Criminal enterprise, Market modelling

Discipline

Asian Studies | Criminal Law

Research Areas

Law, Society and Governance

Publication

International Journal of Law Crime and Justice

Volume

40

Issue

4

First Page

338

Last Page

368

ISSN

1756-0616

Identifier

10.1016/j.ijlcj.2012.05.002

Publisher

Elsevier

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

Additional URL

http://dx.doi.org/10.1016/j.ijlcj.2012.05.002

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