Corporations and Criminal Responsibility

Přední strana obálky
Oxford University Press, 2001 - Počet stran: 198
Contemporary concern about technological hazards posed by business enterprises has intensified interest in the criminality of corporations. Incorporating ideas from a wide range of literature, the book argues that there is no magic answer to corporate power, to issues of personal safety and their inter-relationship with criminal law and justice. The attention paid to corporate criminal liability by courts, legislatures, law reform bodies and international organizations has increased markedly in the past decade. As in the first edition, the book takes what might be called a panoptic approach to the subject. Corporations and their susceptibility to criminal law are examined from sociological, psychological, philosophical and organizational perspectives as the book progresses. This edition has been revised and updated to take account of the burgeoning scholarly literature. Detailed analysis of judicial and legislative movements in England and Wales, in other national jurisdictions and at the level of international organizations follows. Two new chapters, on corporate manslaughter and on comparative and international responses to corporate crime, accommodate these changes. 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.

Vyhledávání v knize

Obsah

The role of criminal
13
Law Reform Personal Injuries Act 1948 s 11 96
18
National Health and Community Care Act 1990 s 5 126
27
Attribution of responsibility
40
Rochester RR and Light Co 1909 195 NY 102 88
47
Regulation of Railways Act 1871
57
ICR Haulage 1944 30 C App Rep 31 92 95 100
60
Scotland
61
Trade Descriptions Act 1968
97
Adomako 1995 1 AC 171 113 123
102
Meridian Global Funds Management Asia Ltd v Securities
103
Corporate manslaughter
106
Caldwell 1982 AC 341
109
Church 1966 1 QB 59
122
Seymour 1983 2 AC 493 109
125
Comparative and international solutions
127

Criminal responsibility and the corporate entity
63
Road Traffic Act 1956 119
80
Corporate liability in England and Wales
84
United States
85
13
86
Sale of Food and Drugs Act 1875
87
Canadian Dredge and Dock v R 1985 1 SCR 662 Can 105 131
89
54
92
John Henshall Quarries Ltd v Harvey 1965 2 QB 233
96
Sabine Consolidated Inc v State 816 S W 2d Tex 1991 784
132
Netherlands
138
The responsible corporation
146
Rv Gateway Foodmarkets Ltd 1997 IRLR 189 102
154
Rv HM Coroner for West London ex p Gray 1987 2 WLR 1020 55
167
Bibliography
169
Index
185
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O autorovi (2001)

Celia Wells is professor of law at Cardiff University where she has taught and researched since 1986. In 2001 she held a visiting position as PriceWaterhouseCoopers Legal Chair in Women and the Law at the University of Sydney. Her research has mainly focused on criminal law, in particular the criminal liability of corporations (Corporations and Criminal Responsibility 1993 (OUP)). Reflecting her interest in issues of risk and blame, Celia Wells has also published Negotiating Tragedy (1995) a study of the law relating to disasters. With Nicola Lacey, she is co-author of Reconstructing Criminal Law (2nd edition 1998), a student text which draws on a wide range of contextual material and adopts an explicitly feminist perspective. Previous appointments-University of North London 1973-5 University of Newcastle upon Tyne 1977-86 Cardiff University 1986.

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