by Stuart P. Green (Author)

The picture of crime that dominates the popular imagination is one of unambiguous wrong-doing - manifestly harmful acts that are clearly worthy of condemnation. The accompanying picture of the criminal - the thief, the murderer - is a picture of society's failures - to be cast out and re-integrated through a process of punishment and penance. Our understanding of white-collar crime, by contrast, is pervaded by moral and imaginative ambiguity. Such crimes are committed by society's success stories, by the rich and the powerful, and frequently have no visible victim at their root. The problem of marrying these disparate pictures has led to a confusion of the boundaries of white-collar crime. How is it possible to distinguish criminal fraud from mere lawful "puffing," tax evasion from "tax avoidance," insider trading from "savvy investing," obstruction of justice from "zealous advocacy," bribery from "log rolling," and extortion from "hard bargaining?" How should we, as scholars and
students, lawyers and judges, law enforcement officials and the general public, distinguish the lawful from the unlawful, the civil from the criminal?

Author Biography

Stuart Green is Professor of Law and Justice Nathan L. Jacobs Scholar, Rutgers School of Law-Newark. A graduate of Yale Law School, he has served as a Fulbright Distinguished Scholar in the United Kingdom and as a Visiting Professor at the University of Michigan Law School. He is co-editor, along with R.A. Duff, of Defining Crimes: Essays on the Special Part of the Criminal Law, published by OUP in 2005.

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