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The Just Culture Principles in Aviation Law

Towards a Safety-Oriented Approach

  • Book
  • © 2019

Overview

Authors:
  1. Francesca Pellegrino

    1. University of Messina, Messina, Italy

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  • Provides a review and critical analysis of related legislation, regulations, standards and case law
  • Includes comparisons at the national, international and supranational level
  • Offers potential solutions for lawyers, prosecutors, judges, and practitioners

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Table of contents (6 chapters)

  1. Front Matter

    Pages i-x
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  2. Origin and Development of a ‘Just Culture’

    • Francesca Pellegrino
    Pages 1-44

  3. The Legal Definition of ‘Just Culture’ in Aviation

    • Francesca Pellegrino
    Pages 45-68

  4. Legitimate and Illegitimate Behaviour in Aviation

    • Francesca Pellegrino
    Pages 69-82

  5. ‘Just Culture’ Versus ‘Blame Culture’ in Aviation

    • Francesca Pellegrino
    Pages 83-100

  6. From a ‘Blame Culture’ to a ‘Just Culture’ and Back: The Italian Experience in the Aviation Field

    • Francesca Pellegrino
    Pages 101-124

  7. Final Remarks

    • Francesca Pellegrino
    Pages 125-127

  8. Back Matter

    Pages 129-152
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Keywords

About this book

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.


Authors and Affiliations

  • University of Messina, Messina, Italy

    Francesca Pellegrino

About the author

Francesca Pellegrino is Full Professor of Maritime and Air Law at Messina University, Italy, as well as Visiting Professor at World Maritime University Malmo, of International Maritime Organization and at the Universities of Granada, Cadix, Vigo (Spain) and Nantes (France) within the Erasmus Teaching programme. 

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