The just culture principles in aviation law : towards a safety-oriented approach /

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Bibliographic Details
Author / Creator:Pellegrino, Francesca.
Imprint:Cham : Springer, 2019.
Description:1 online resource (161 pages)
Language:English
Series:Legal studies in international, European and comparative criminal law, 2524-8057 ; v. 3
Legal studies in international, European and comparative criminal law ; v. 3.
Subject:
Format: E-Resource Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/12456002
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ISBN:9783030231781
303023178X
Notes:Includes bibliographical references.
ReferencesChapter 2: The Legal Definition of `Just Culture ́in Aviation; 2.1 Legal Concept and Definition of ``Just Culture ́́in Aviation; 2.1.1 At International Level; 2.1.2 At European Level; 2.1.3 At National Level (Italian Legal System) ; 2.2 Considerations on the `Just Culture ́Common Definition; References; Chapter 3: Legitimate and Illegitimate Behaviour in Aviation; 3.1 The Fine Line Between Acceptable and Unacceptable Behavior; 3.2 Current Definitions of `Wilful Misconduct ́and `Gross Negligence;́ 3.3 Towards a Common Legal Definition of `Gross Negligence ́in Aviation; References
Online resource; title from PDF title page (SpringerLink, viewed September 24, 2019).
Summary:This book reviews and critically analyzes the current legal framework with regard to a more just culture for the aviation sector. This new culture is intended to protect front-line operators, in particular controllers and pilots, from legal action (except in the case of willful misconduct or gross negligence) by creating suitable laws, regulations and standards. In this regard, it is essential to have an environment in which all incidents are reported, moving away from fears of criminalization. The approach taken until now has been to seek out human errors and identify the individuals responsible. This punitive approach does not solve the problem because frequently the system itself is (also) at fault. Introducing the framework of a just culture could ensure balanced accountability for both individuals and complex organizations responsible for improving safety. Both aviation safety and justice administration would benefit from this carefully established equilibrium.
Other form:Print version: Pellegrino, Francesca. Just Culture Principles in Aviation Law : Towards a Safety-Oriented Approach. Cham : Springer, ©2019 9783030231774
Standard no.:10.1007/978-3-030-23

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