Corporations, Crime and Accountability

Corporations, Crime and Accountability
Author: Brent Fisse
Publisher: Cambridge University Press
Total Pages: 292
Release: 1993
Genre: Business & Economics
ISBN: 9780521459235

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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.

Corporations, Accountability and International Criminal Law

Corporations, Accountability and International Criminal Law
Author: Kyriakakis, Joanna
Publisher: Edward Elgar Publishing
Total Pages: 320
Release: 2021-12-09
Genre: Law
ISBN: 0857939505

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This timely book explores the prospect of prosecuting corporations or individuals within the business world for conduct amounting to international crime. The major debates and ensuing challenges are examined, arguing that corporate accountability under international criminal law is crucial in achieving the objectives of international criminal justice.

Accountability and Corporate Human Rights Violations in Tort and International Law

Accountability and Corporate Human Rights Violations in Tort and International Law
Author: Emmanuel K. Nartey
Publisher: Cambridge Scholars Publishing
Total Pages: 480
Release: 2021-10-04
Genre: Law
ISBN: 1527575756

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This volume identifies a coherent legal principle in order to establish a novel duty of care for corporate human rights violations and environmental damages. It examines whether tort and civil law offer better accountability and remedies for victims of corporate human rights abuses, and carries out an in-depth and critical analysis of the concept of corporate accountability. Moreover, a fundamental part of this book is devoted to examining the extent to which international criminal law influences international human rights law in its use of tort law and civil law remedies. Finally, the book sets out a theoretical mechanism for duty of care, as well as a proposal for the establishment of a ‘Hybrid International Transnational Corporation Court’ that would have the potential to effectively interpret the concept of the corporate duty of care under tort law.

Corporations and Criminal Responsibility

Corporations and Criminal Responsibility
Author: Celia Wells
Publisher: Oxford University Press, USA
Total Pages: 228
Release: 2001
Genre: Law
ISBN: 9780199246199

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Business corporations wield enormous economic power, and legal structures largely serve their interests. This book analyses the background to the demands to use criminal law sanctions against corporations, including demand for corporate manslaughter.

In Search of Corporate Accountability

In Search of Corporate Accountability
Author: Stefan H. C. Lo
Publisher: Cambridge Scholars Publishing
Total Pages: 410
Release: 2016-01-14
Genre: Law
ISBN: 1443887714

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There is currently much debate over corporate social responsibility on whether business companies should look beyond shareholder primacy and profit maximisation to act for the benefit of others. It is generally agreed, however, even amongst advocates of shareholder primacy, that profit maximisation should only be achieved within the framework of external laws regulating the conduct of individuals and companies generally. If the objectives of such external laws are not to be defeated, then it is important for controllers of companies to ensure corporate compliance with the law. Despite this, controversies have arisen where corporate enterprises may have improperly flouted or evaded liabilities under the law. Against this background, it is argued in this book that it is necessary to ensure that responsible persons are accountable under the law so as to promote compliance with legal regulations in the corporate context. Individuals or entities behind the company who are responsible for wrongful conduct should be held liable under the law – whether it be tort law or statutory regulation. Some counter that the corporate law principles of limited liability and separate entity have the primacy to effectively shield those behind the company from at least certain types of liability. However, it is undesirable for corporate insiders to hide behind the company to avoid tortious or statutory liabilities. This book adopts a theory of interactive (corrective) justice that is applied in the corporate context to justify the imposition of civil liability on responsible directors, shareholders and other corporate participants under Anglo-Australian law. In light of this theoretical framework, possibilities of rectifying deficiencies in the law through judicial development of existing legal principles are examined. To the extent that appropriate directions in the law cannot be achieved via judicial development of the law, the book also investigates possibilities of statutory reform.

Mayson, French & Ryan on Company Law

Mayson, French & Ryan on Company Law
Author: Derek French
Publisher: Oxford University Press
Total Pages: 900
Release: 2021-03-15
Genre: Corporation law
ISBN: 0198870027

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'Mayson, French & Ryan on Company Law' is the ideal companion for both students studying this topic and practitioners working in the field. Still the only textbook on company law to be updated annually, this edition continues to deliver dependable and fully up-to-date coverage of the law. The provision of accurate technical detail and examination of theory and quotations from key cases is paired with a straightforward written style and uncomplicated layout.

The Culpable Corporate Mind

The Culpable Corporate Mind
Author: Elise Bant
Publisher: Bloomsbury Publishing
Total Pages: 523
Release: 2023-04-20
Genre: Law
ISBN: 150995239X

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This collection examines critically, and with an eye to reform, conceptions and conditions of corporate blameworthiness in law. It draws on legal, moral, regulatory and psychological theory, as well as historical and comparative perspectives. These insights are applied across the spheres of civil, criminal, and international law. The collection also has a deliberate focus on the 'nuts and bolts' of the law: the legal, equitable and statutory principles and rules that operate to establish corporate states of mind, on which responsibility as a matter of daily legal practice commonly depends.The collection therefore engages strongly with scholarly debates. The book also speaks, clearly and cogently, to the judges, regulators, legislators, law reform commissioners, barristers and practitioners who administer and, through their respective roles, incrementally influence the development of the law at the coalface of legal practice.

Corporate White-Collar Crime Scandals

Corporate White-Collar Crime Scandals
Author: Petter Gottschalk
Publisher: Edward Elgar Publishing
Total Pages: 240
Release: 2020-05-29
Genre: Law
ISBN: 1839105992

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By examining white-collar crime scandals using the theory of convenience, Petter Gottschalk offers ways to improve the detection of crime signals and investigative skills in fraud examinations, as well as improve change management measures.