The Corporate Manslaughter and Corporate Homicide Act 2007 or the Health and Safety (Offences) Act 2008: corporate killing and the law

This thesis examines the regulatory and legislative approach taken in the United Kingdom to deal with deaths arising from work related activities and, in particular, deaths that can be directly attributed to the behaviour of corporations and other organisations. Workplace health and safety has traditionally been seen in the United Kingdom as a regulatory function which can be traced to the very earliest days of the Industrial Revolution. With an emphasis on preventing workplace accidents and ill-health through guidance, advice and support, the health and safety legislation and enforcement regime which had evolved over the best part of two centuries was considered inadequate to effectively punish corporations considered responsible for deaths caused by their activities following a series of disasters in the late twentieth and early twenty-first centuries. To address this apparent inadequacy, the Corporate Manslaughter and Corporate Homicide Act 2007 was introduced creating the offence of corporate manslaughter and corporate homicide. Based on a gross breach of a relevant duty of care resulting in the death of a person, the Act effectively changed what had previously considered a matter of regulation, an approach that had obvious weaknesses and shortcomings, to one of crime and criminal law. Whether this is the best approach to dealing with deaths caused by an organisation is challenged in this thesis and the apparent distinction between ‘criminal’ and ‘regulatory’ offences is also examined. It was found that an amended Health and Safety at Work etc. Act 1974 to include a specific offence of corporate killing, in conjunction with the Health and Safety (Offences) Act 2008 would almost certainly have resulted in a more effective approach to dealing with organisations responsible for causing deaths as consequence of their activities. It was also found that there was no substantive difference between ‘regulatory’ and ‘criminal’ law other than the stigma associated with the latter, and that distinction would almost certainly disappear, at least in the context of worker safety, as a consequence of the penalties available following the introduction of the Health and Safety (Offences) Act 2008.

Richard Yates: re-writing postwar American culture

This thesis explores the fiction of American author Richard Yates to propose that his work provides an insistent questioning and alternative vision of postwar American culture. Such an approach is informed by a revisionist account of four distinct yet interconnected areas of postwar culture: the role of the non-heroic soldier stepping in and out of World War II; suburbanisation and fashioning of anti-suburban performance; demarcation of gender roles and unraveling of sexual conservatism in the 1950s; consideration of what constituted the normative within postwar discourse and representations of mental illness in Yates’ work. These four spheres of interest form the backbone to this study in its combined aim of reclaiming Yates’ fiction in line with a more progressive historical framework while shaping a new critical appreciation of his fiction. Such analysis will be primed by an opening discussion that illustrates how Yates’ fiction has frequently been ensconced in a limited interpretative lens: an approach, that I argue, has kept Yates on the periphery of the canon and ultimately resulted in the neglect of an author who provided a rich, progressive and historically significant dialogue of postwar American life. This PhD arrives at a point when Yatesian scholarship is finally gaining momentum after the cumulative impact of a comprehensive biography, a faithful film adaptation of his seminal text Revolutionary Road (1961), plus the recent re-issue of his catalogue of work. An assessment as to why he remained on the margins of success for the duration of his career is therefore of pressing interest in light of this recent critical and commercial recognition.