Corporations, Crime and AccountabilityCambridge University Press, 1993 - 279 pages Explaining why accountability for corporate crime is rarely imposed under the present law, this text proposes solutions that would help to extend responsibility to a wide range of actors. It develops an Accountability Model under which the courts and corporations work together to achieve accountability across a broad front. |
Contents
Crime Responsibility and Corporate Society | 1 |
Why Accountability for Corporate Crime is Important | 12 |
Toward Accountability for Corporate Crime | 15 |
Individualism | 17 |
Methodological Individualism Corporate Action and Corporate Responsibility | 19 |
Deterrence Corporate Conduct and Responsibility | 31 |
Retribution and Allocation of Responsibility for Corporate Crime | 44 |
Safeguarding Individual Interests | 50 |
2 Recognition of Corporate Responsibility | 162 |
3 Imposing Responsibility on All Responsible Actors | 163 |
4 CostEfficiency | 167 |
5 Safeguarding Individual Interests | 169 |
6 Equal Application of Law | 178 |
7 Control of Scapegoating | 182 |
8 Avoiding Unwanted Spillovers | 187 |
9 Escaping the Deterrence Trap | 189 |
The Need for Strategies That Transcend Individualism | 57 |
Enterprise Liability | 59 |
Five Approaches | 60 |
Economic Rational Actors Financial Incentives and Corporate Behaviour | 72 |
Deterrence and Efficiency | 78 |
Safeguarding Individuals | 93 |
The Central Issue of Responsibility | 98 |
Organisation Theory Perspectives | 101 |
Mintzbergs Structuring of Organisations | 105 |
The Dramaturgical Model | 109 |
Braithwaite and Fisses Varieties of Responsibility | 111 |
Beyond Positivist Organisation Theory | 117 |
The Need for Strategies Responsive to the Problems Posed by Organisation Theory | 131 |
Making the Buck Stop | 133 |
Desiderata for the Just and Effective Enforcement of Responsibility for Corporate Crime | 135 |
Developing a Model for the Allocation of Responsibility for Corporate Crime | 138 |
The Accountability Model Illustrated | 154 |
Assessing the Accountability Model | 158 |
10 Heeding Motivational Complexity | 190 |
11 Recognising and Using Internal Justice Systems | 193 |
12 Averting Cultures of Resistance | 198 |
13 Reflecting the Diverse Aims of the Criminal Justice System | 199 |
14 Varieties of Responsibility and Organisational Diversity | 201 |
15 Nuanced Imaginings of Corporate Action | 204 |
16 Redundancy | 208 |
17 Preserving Managerial Flexibility | 209 |
18 Coping with the Dynamics of Corporate Behaviour | 210 |
19 Transnationality | 213 |
20 Public and Private Organisations | 215 |
Accountability for Corporate Crime in Theory and Practice | 216 |
The Possibility of Responsibility for Corporate Crime | 218 |
The Accountability Model in Action | 222 |
Experimentation and Empiricism | 237 |
| 239 | |
| 266 | |
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Common terms and phrases
accountability agreements accountability for corporate Accountability Model accountability order actor model actus reus Adhocracy agency theory agents allocating responsibility allocation of responsibility Antitrust approach Australia BCCI blame blameworthiness C. D. Stone Chapter collective compliance conduct context corporate action corporate behaviour corporate crime Corporate Criminal Law corporate criminal liability corporate defendant corporate liability corporate responsibility costs court criminal justice Criminal Responsibility culture decisionmaking Desideratum disciplinary action E. F. Hutton economic effective Elzinga and Breit employees enterprise liability firm Fisse Fisse and Braithwaite Ibid imposed individual accountability individual criminal liability individual liability individual responsibility internal disciplinary internal discipline investigation Kraakman Law Review managerial methodological individualism moral offence organisation Organizations persons porate private justice systems problem procedural justice prosecution punishment punitive injunction reform Regulation responsibility for corporate retributive risk sanctions scapegoating self-investigation Sentencing Shavell social control strategy for allocating structure targets tion White-Collar Crime wrongdoing