Chapter

The responsible corporation

Celia Wells

in Corporations and Criminal Responsibility

Second edition

Published in print May 2001 | ISBN: 9780198267935
Published online March 2012 | e-ISBN: 9780191683411 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198267935.003.0008

Series: Oxford Monographs on Criminal Law and Justice

The responsible corporation

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This chapter reports the examples of corporate criminal liability. The overview of organization theories serves as a salutary reminder that a consideration of types of criminal liability can draw upon and receive inspiration from a bewildering variety of perspectives. These theories confirm that it is right to think of the corporation as a real entity; they tell us something about how decisions are made and the relationship between the individual, the organization, and wider social structures. The debate between the protagonists of strict liability and due diligence is considered. Then, a discussion on the systems and culture theories and the relationship between corporate and individual liability is given. Lastly, arguments that have been built on a number of different starting points are outlined.

Keywords: corporate criminal liability; corporation; organization theory; individual liability; culture theory

Chapter.  11669 words. 

Subjects: Public International Law

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