1.

Record Nr.

UNINA9910349370303321

Autore

Pellegrino Francesca

Titolo

The Just Culture Principles in Aviation Law : Towards a Safety-Oriented Approach / / by Francesca Pellegrino

Pubbl/distr/stampa

Cham : , : Springer International Publishing : , : Imprint : Springer, , 2019

ISBN

3-030-23178-X

Edizione

[1st ed. 2019.]

Descrizione fisica

1 online resource (161 pages)

Collana

Legal Studies in International, European and Comparative Criminal Law, , 2524-8049 ; ; 3

Disciplina

343.45097

Soggetti

Law of the sea

International law

Conflict of laws

Industries

Aerospace engineering

Astronautics

Law of the Sea, Air and Outer Space

Private International Law, International & Foreign Law, Comparative Law

Aerospace Technology and Astronautics

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Nota di bibliografia

Includes bibliographical references.

Nota di contenuto

Origin and Development of a "Just Culture" -- The Legal Defintion of "Just Culture" in Aviation -- Legitimate and Illegitimate Behaviour in Aviation -- "Just Culture" Versus "Blame Culture" in Aviation -- From a "Blame Culture" to a "Just Culture" and Back: The Italian Experience in the Aviation Field -- Final Remarks.

Sommario/riassunto

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.