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It’s Not What You Do but the Way that You Do It: Tax Evasion, Tax Avoidance and the Boundaries of Deviance

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Unravelling Criminal Justice

Abstract

The publication of the official crime rates every year routinely stimulates outcry over the breakdown of law and order. Large-scale white-collar crime has increasingly become front page news. Yet law and order may be undermined just as much, and quite routinely, by activities which are quite immune from any hint — or possibility — of criminal stigma. These activities are committed by people who, far from breaking the law, go to great lengths to ensure they abide by it, yet while abiding by the law they also escape its impact. They are both immune to legal requirements and prohibitions, and immune to any threat of penalty or stigma. This chapter explores this paradox in the context of a study of tax evasion and tax avoidance, and argues that social control through law is challenged not just by those who abuse the law but also, and perhaps more fundamentally, by those who use it.

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References

  • Cook, D. (1989), Rich Law, Poor Law (Milton Keynes, Bucks.: Open University Press).

    Google Scholar 

  • Keith Committee on the Enforcement Powers of the Revenue Departments (1983), Report (London: Her Majesty’s Stationery Office) Cmnd. 8822.

    Google Scholar 

  • McBarnet, D. (1984), ‘Law and capital: the role of legal form and legal actors’, International Journal of the Sociology of Law, August.

    Google Scholar 

  • McBarnet, D. (1988), ‘Law, policy and legal avoidance’, Journal of Law and Society, 15(1) Spring; special issue edited by R. Cotterrell and B. Bercusson.

    Article  Google Scholar 

  • McBamet, D. (1991), ‘Whiter than white collar crime: tax, fraud insurance and the management of stigma’, British Journal of Sociology, 42 (3).

    Google Scholar 

  • McBarnet, D. (1992), ‘Legal creativity: law, capital and legal avoidance’, in M. Cain and C. Harrington (eds), Lawyers’ Work (Milton Keynes, Bucks: Open University Press).

    Google Scholar 

  • McBamet, D. and Mansfield, G. (1986), ‘The politics of case law’, paper presented at the Law and Society Association Conference, Chicago.

    Google Scholar 

  • McBarnet, D. and Whelan, C. (1991a), ‘The elusive spirit of the law: formalism and the struggle for legal control’, Modern Law Review, 54 (6).

    Article  Google Scholar 

  • McBamet, D. and Whelan, C. (1991b), ‘Creative compliance and the defeat of regulation: a case study in corporate finance’, forthcoming.

    Google Scholar 

  • Mansfield, G. (1989), ‘The new approach to tax avoidance’, British Tax Review, (1).

    Google Scholar 

  • Roth, J., Scholz, J. and Witte, A. D. (1989), Taxpayer Compliance (Pittsburgh, Pa: University of Pennsylvania Press).

    Google Scholar 

  • Seldon, A. (ed.) (1979), Tax Avoision (London: Institute of Economic Affairs).

    Google Scholar 

  • Smith, S. (1986), Britain’s Shadow Economy (Oxford: Clarendon Press).

    Google Scholar 

  • Tutt, N. (1985), The Tax Raiders (London: Financial Training Publications).

    Google Scholar 

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© 1992 Doreen McBarnet

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McBarnet, D. (1992). It’s Not What You Do but the Way that You Do It: Tax Evasion, Tax Avoidance and the Boundaries of Deviance. In: Downes, D. (eds) Unravelling Criminal Justice. Palgrave Macmillan, London. https://doi.org/10.1007/978-1-349-22044-1_11

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