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The Just Culture Principles in Aviation Law

Towards a Safety-Oriented Approach

  • Francesca Pellegrino

Table of contents

  1. Front Matter
    Pages i-x
  2. Francesca Pellegrino
    Pages 1-44
  3. Francesca Pellegrino
    Pages 69-82
  4. Francesca Pellegrino
    Pages 125-127
  5. Back Matter
    Pages 129-152

About this book

Introduction

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.

Keywords

Aviation law Just culture Italian legal system Blame culture Wilful misconduct Gross negligence

Authors and affiliations

  • Francesca Pellegrino
    • 1
  1. 1.University of MessinaMessinaItaly

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-030-23178-1
  • Copyright Information Springer Nature Switzerland AG 2019
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology
  • Print ISBN 978-3-030-23177-4
  • Online ISBN 978-3-030-23178-1
  • Series Print ISSN 2524-8049
  • Series Online ISSN 2524-8057
  • Buy this book on publisher's site