Bandiera, Rhiannon (2021) Marx, Foucault, and state–corporate harm: a case study of regulatory failure in Australian non-prescription medicine regulation. Crime, Law and Social Change, 76 (2). pp. 173-193. ISSN 0925-4994

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Abstract

Risk-based regulation has underpinned Australian prescription and non-prescription medicine regulation for over three decades. However, data consistently demonstrate high rates of non-compliance among non-prescription medicine sponsors, with most breaches a result of inappropriate labelling and advertising, a lack of evidence to substantiate therapeutic claims, and product formulation and manufacturing. This paper seeks to understand why the regime fails to achieve compliance from non-prescription medicine sponsors. Using a state–corporate harm lens, and Marxist and Foucauldian perspectives, it is argued that regulatory failure is the product of the regime’s congruence with neoliberal governmentality. This governmentality is inextricably linked to a neoliberal market hegemony that attempts to minimize forms of market intervention detrimental to the accumulation of capital.

Item Type:	Article
Keywords:	Criminal Law; Criminal Procedure Law; Criminology; Criminal Justice; Foucauldian analysis; Governmentality;
Academic Unit:	Faculty of Social Sciences > Law
Item ID:	18402
Identification Number:	https://doi.org/10.1007/s10611-021-09953-2
Depositing User:	Dr Rhiannon Bandiera
Date Deposited:	18 Apr 2024 10:11
Journal or Publication Title:	Crime, Law and Social Change
Publisher:	Springer Netherlands
Refereed:	Yes
URI:	Publisher
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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