From green criminology to the analysis of the differential management of illegality

The English-speaking research field commonly referred to as “green criminology” is now well established. This situation contrasts sharply with the position in the French-language literature, despite the existence of legal contributions relating to environmental criminal law. This article points out that this bibliographic contrast is more surprising than it may seem, in that some of the pioneering contributions were published in French in the early 1980s. It then presents intellectual conditions for the emergence of green criminology, as well as the triple observation that unifies this movement despite its relative diversity: crimes against the environment are widespread; their consequences are serious; yet they are rarely punished. Considering current debates in the literature, the article emphasizes the disagreements relating to the relevant definition of the very idea of crime. Discussing the contribution of green criminology ultimately makes it possible to determine a specific position, integrating environmental crime into the broader objective of an analysis of what Michel Foucault has proposed calling the “differential management of illegality”.