The 'Just Culture' Principles in Aviation Law: Towards a Safety-Oriented Approach

Air and Space Law

The 'Just Culture' Principles in Aviation Law: Towards a Safety-Oriented Approach

By Francesca Pellegrino
Springer-Verlag October 2019

Specifications

ISBN-13
9783030231774
Publisher
Springer-Verlag
Publication
October 2019
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

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

Table of Contents

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
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