Corporations and Criminal Responsibility

Author: Celia Wells
Published: June 2001
Publisher: Oxford University Press
ISBN: 0198267932
Hardcover Book
Number of Pages: 216

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The book is distinctive in combining legal analysis and discussion of law reform debates with a theoretical account of the relationship between legal institutions and the role of risk and blame in shaping criminal law and the practices of the criminal justice system.

Table of Contents
Table of Cases
Table of Statutes
1 Safety and Public Welfare 1
1 Regulatory offences 3
2 Real crime and real persons 5
3 Corporations and crime 8
2 The role of criminal law 13
1 Why criminal law? 14
2 Theories of punishment 18
3 Crime and regulation 21
4 Corporate Sanctions 31
3 Attribution of responsibility 40
1 Social constructions of crime 40
2 Blame attribution 43
3 Cause and blame 46
4 Institutional influences 53
4 Criminal responsibility and the corporate entity 63
1 Notions of criminal responsibility 64
2 Culpability and strict liability 67
3 Groups, associations, and corporations 70
4 The corportate entity 74
5 Corporate liability in England and Wales 84
1 Histrical development 86
2 Corporate liability - a maturing idea 99
6 Corporate manslaughter 106
1 Key developments 106
2 Culpability and risk 115
3 Unlawful act manslaughter - the forgotten question 117
4 Corporate killing - a proposed offence 120
7 Comparative and international solutions 127
1 Comparative cautions 128
2 Common law variations 129
3 Civil law changes 138
4 Convergence 140
8 The responsible corporation 146
1 The corporate organization 146
2 Strict (vicarious) liability versus due diligence 152
3 People, systems, and culture 154
4 Individual liability 160
5 The responsible corporation 164
Bibliography 169
Index 185

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