Corporations and Criminal ResponsibilityOxford 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. |
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 |
185 | |
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accident agent apply argued argument attribution behaviour bility blame cause Chapter committed common law company's concept conviction coroner corporate criminal liability corporate killing corporate liability corporate manslaughter corporation's Court crime criminal justice criminal law criminal responsibility Crown Prosecution Service culpability cultural death debate decision defendant deterrence directors disaster discussed driving employees enforcement entity evidence example failure fault guilty harm Health and Safety HM Coroner House of Lords human Ibid identification doctrine imposed individual inquest intention jurisdictions jury Law Commission legal person mental element moral Nattrass negligence notion officers organization organizational penalties Piper Alpha police porate principle problem procedures prosecution punishment question rea offences reason recklessness regarded regulation regulatory offences respondeat superior risk Robert Millar role rule sanctions social Southall rail crash specific statute statutory Tesco theory tion unlawful act vicarious liability Zeebrugge