Creative compliance, constructive compliance: corporate environmental crime and the criminal entrepreneur

Nurse, Angus ORCID: https://orcid.org/0000-0003-2486-4973 (2015) Creative compliance, constructive compliance: corporate environmental crime and the criminal entrepreneur. In: Exploring Criminal and Illegal Enterprise: New Perspectives on Research, Policy & Practice. McElwee, Gerard and Smith, Rob, eds. Contemporary Issues in Entrepreneurship Research, 5 . Emerald Group Publishing Limited, United Kingdom, pp. 97-119. ISBN 9781784415525. [Book Section]

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Abstract

Purpose
While corporations may embrace the concepts of social and environmental responsibility, numerous examples exist to show corporations claiming to act sustainably and responsibly, while simultaneously showing disregard for the communities in which they operate and causing considerable environmental damage.
This chapter argues that such activities illustrate a particular notion of Baumol’s (1990) criminal entrepreneurialism where both creative and constructive compliance combine to subvert environmental regulation and its enforcement.

Design/methodology/approach
This chapter employs a case study approach assessing the current corporate environmental responsibility landscape against the reality of corporate environmental offending. Its case study shows seemingly repeated environmental 'offending' by Shell Oil against a backdrop of the company claiming to have integrated environmental monitoring and scrutiny into its operating procedures.

Findings
The chapter concludes that corporate assertion of environmental credentials is itself often a form of criminal entrepreneurship where corporations embrace voluntary codes of practice and self-regulation while internally promoting the drive for success and profitability and/or avoidance of the costs of true environmental compliance deemed too high. As a result this chapter argues that responsibility for environmental damage requires regulation to ensure corporate responsibility for environmental damage.

Originality/value
The chapter employs a green criminological perspective to its analysis of corporate social responsibility and entrepreneurship. Thus it considers not just strict legal definitions of crime and criminal behaviour but also the overlap between the legal and the illegal and the preference of Governments to use administrative or civil penalties as tools to deal with corporate environmental offending.

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