Get Corporations, Crime and Accountability (Theories of PDF

By Brent Fisse

ISBN-10: 0521441307

ISBN-13: 9780521441308

This ebook explains why responsibility for company crime is never imposed less than the current legislations, and proposes ideas that might support to increase accountability to quite a lot of actors. The authors improve an responsibility version lower than which the courts and companies interact by means of having the legislations harness the inner disciplinary structures of corporations. during this means responsibility will be accomplished throughout a much wider entrance than might rather be attainable.

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Extra resources for Corporations, Crime and Accountability (Theories of Institutional Design)

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Compare the argument in Wolff, 'On the Nature of Legal Persons', 501, that ' [w]hat is known as collective will is in reality the result of mutually influenced individual wills'. 43 See also Mitchell, 'A Theory of Corporate Will'. 44 In the case of corporate actors, French, Collective and Corporate Responsibility, ch. , flowcharts of the organisational power structure), and (2) corporate decision recognition rules (usually embedded in corporate policy). 45 The focus is not on the attributes of moral personhood as such (consider the problematic status of Tokugawa in Milan, The Cybernetic Samurai) but on the performance of entities in carrying out their prescribed roles.

58 On corporate choice see generally Warner, Organizational Choice and Constraint, Bower, When Markets Quake. 59 T. Donaldson, Corporations and Morality, 22. , 30-1. 61 Is 'understanding' as opposed to intention or knowledge distinctively human? Not if one accepts Derrida's analysis that words have no inherent meaning and that linguistic meaning is fundamentally indeterminate because the contexts which fix meaning are never stable. On this analysis, context is everything, including the corporate contexts in which words such as 'knowledge', 'intention', 'negligence', and 'understanding' are used.

Schelling, The Strategy of Conflict; Schelling, 'The Strategy of Inflicting Costs'. 82 Fisse and Braithwaite, The Impact of Publicity on Corporate Offenders. 76 34 CORPORATIONS, CRIME AND ACCOUNTABILITY directed at their organisation, may find that they confront role expectations to protect and enhance the repute of the organisation. For example, an academic might be indifferent to the reputation of his or her university, and indeed might do more to snipe at the incompetence of the administration than to defend it publicly.

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Corporations, Crime and Accountability (Theories of Institutional Design) by Brent Fisse


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