Regulation Crisis: Evaluating the Potential Legitimizing Effects of “Corporate Manslaughter” Cases

This article identifies a new direction for discussion of the proposed “corporate manslaughter” offense. Considering work‐related fatality cases with reference to the concept of legitimacy allows us to obtain a fuller understanding of their importance and the potential benefits associated with reform of the law. Work‐related fatality cases have inherent power as “signal offenses.” A failure to resolve these cases in a manner that satisfies the interests of the “publics” that the Health and Safety Executive (HSE) faces, may lead to a crisis of legitimacy for the agency. Reforming the law so as to facilitate such a response may offer important legitimatory benefits to regulators.