The Culpable Corporate Mind

The Culpable Corporate Mind
Author: Elise Bant
Publisher: Bloomsbury Publishing
Total Pages: 523
Release: 2023-04-20
Genre: Law
ISBN: 1509952403

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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 Bodies and Guilty Minds

Corporate Bodies and Guilty Minds
Author: William S. Laufer
Publisher: University of Chicago Press
Total Pages: 305
Release: 2006-08
Genre: Business & Economics
ISBN: 0226470407

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We live in an era defined by corporate greed and malfeasance—one in which unprecedented accounting frauds and failures of compliance run rampant. In order to calm investor fears, revive perceptions of legitimacy in markets, and demonstrate the resolve of state and federal regulators, a host of reforms, high-profile investigations, and symbolic prosecutions have been conducted in response. But are they enough? In this timely work, William S. Laufer argues that even with recent legal reforms, corporate criminal law continues to be ineffective. As evidence, Laufer considers the failure of courts and legislatures to fashion liability rules that fairly attribute blame for organizations. He analyzes the games that corporations play to deflect criminal responsibility. And he also demonstrates how the exchange of cooperation for prosecutorial leniency and amnesty belies true law enforcement. But none of these factors, according to Laufer, trumps the fact that there is no single constituency or interest group that strongly and consistently advocates the importance and priority of corporate criminal liability. In the absence of a new standard of corporate liability, the power of regulators to keep corporate abuses in check will remain insufficient. A necessary corrective to our current climate of graft and greed, Corporate Bodies and Guilty Minds will be essential to policymakers and legal minds alike. “[This] timely work offers a dispassionate analysis of problems relating to corporate crime.”—Harvard Law Review

The Emotional Brain and the Guilty Mind

The Emotional Brain and the Guilty Mind
Author: Federica Coppola
Publisher: Bloomsbury Publishing
Total Pages: 272
Release: 2021-02-11
Genre: Law
ISBN: 1509934308

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This book seeks to reframe the normative narrative of the 'culpable person' in American criminal law through a more humanising lens. It embraces such a reframed narrative to revise the criteria of the current voluntarist architecture of culpability and to advance a paradigm of punishment that positions social rehabilitation as its core principle. The book constructs this narrative by considering behavioural and neuroscientific insights into the functions of emotions, and socio-environmental factors within moral behaviour in social settings. Hence, it suggests culpability notions that reflect a more contextualised view of human conduct, and argues that such revised notions are better suited to the principle of personal guilt. Furthermore, it suggests a model of 'punishment' that values the dynamic power of change of individuals, and acknowledges the importance of social relationships and positive environments to foster patterns of social (re)integration. Ultimately, this book argues that the potential adoption of the proposed models of culpability and punishment, which view people through a more comprehensive lens, may be a key factor for turning criminal justice into a less punitive, more inclusionary and non-stigmatising system.

The Emotional Brain and the Guilty Mind

The Emotional Brain and the Guilty Mind
Author: Federica Coppola
Publisher: Bloomsbury Publishing
Total Pages: 304
Release: 2021-02-11
Genre: Law
ISBN: 1509934316

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This book seeks to reframe the normative narrative of the 'culpable person' in American criminal law through a more humanising lens. It embraces such a reframed narrative to revise the criteria of the current voluntarist architecture of culpability and to advance a paradigm of punishment that positions social rehabilitation as its core principle. The book constructs this narrative by considering behavioural and neuroscientific insights into the functions of emotions, and socio-environmental factors within moral behaviour in social settings. Hence, it suggests culpability notions that reflect a more contextualised view of human conduct, and argues that such revised notions are better suited to the principle of personal guilt. Furthermore, it suggests a model of 'punishment' that values the dynamic power of change of individuals, and acknowledges the importance of social relationships and positive environments to foster patterns of social (re)integration. Ultimately, this book argues that the potential adoption of the proposed models of culpability and punishment, which view people through a more comprehensive lens, may be a key factor for turning criminal justice into a less punitive, more inclusionary and non-stigmatising system.

Evil Corporations

Evil Corporations
Author: Penny Crofts
Publisher: Taylor & Francis
Total Pages: 216
Release: 2024-07-05
Genre: Law
ISBN: 1040048242

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This book elaborates and interrogates the idea of evil corporations from a diverse range of disciplines. There has long been awareness of systemic harms inflicted by corporations, but this awareness has rarely led to any effective legal means to prevent and/or respond adequately to them. Lawyers and legal theorists appear to be stuck asking the same questions, and giving the same ineffective answers. Part of the problem, this book maintains, is the relative lack of theoretical interrogation into the nature of corporations as responsible, moral agents. To break this stasis, this book draws upon philosophies of wickedness in order to ask whether or not corporations are, or can be, evil. With contributions from a range of different disciplines, including law, cultural theory, theology, and philosophy, it offers a novel account of how and why corporate wrongs are caused, whilst exploring the extent to which the legal system itself facilitates such wrongdoing. The book targets a broad international audience with research interests in corporate crime. This will be of particular interest to those within the legal discipline, including corporate law, criminal law, corporate crime and law and humanities scholars.

Harvard Law Review

Harvard Law Review
Author:
Publisher:
Total Pages: 956
Release: 1916
Genre: Electronic journals
ISBN:

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Criminal Law

Criminal Law
Author: John Kaplan
Publisher:
Total Pages: 1098
Release: 2004
Genre: Law
ISBN:

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When you choose materials for your next criminal law course, consider the book that offers analysis of both the Model Penal Code and common law doctrine, enriched by vivid excerpts that evoke the social, political and criminological context of the law, Crimial Law: Cases and Materials, Fifth Edition . What makes this book so effective? Exceptionally strong authorship -- the late John Kaplan was a truly legendary teacher and scholar, and Robert Weisberg and Guyora Binder uphold his standard of excellence. An interdisciplinary approach that fuels class discussion and enriches study. Clear instruction on skills of statutory construction and element analysis. Well-edited cases, interesting materials, and clear explanations and exercises to capture and hold student attention. Logical organizations into categories dealing with the purposes and limits of punishment, offense elements, specific offenses, defenses, and rules of attribution. Cutting-edge coverage of important legal and social questions, such as, who we punish and why. Especially strong treatment of the controversial topics of death penalty and rape. This extremely thorough revision presents: New Material on state sentencing guidelines to supplement coverage of federal guidelines and provide an analytic framework for true understanding of guideline sentencing, rather than just conveying information. A new section on possession offenses, with cases on the elements of possession and new scholarly criticisms of the increasing reliance on possession laws as substitutes for unconstitutional vagrancy and status offenses. Expanded treatment of robbery and burglary. New case law, including Apprendi v. New Jersey (sentencing guidelines), Atkins v. Virginia (the definition of cruel and unusual punishment), Ewing v. California (proportionality), Ring v. Arizona (jury sentencing in the death penalty phase), United States v. Zavala (constructive possession), Rogers v. Tennessee (retroactivity), Recio v. United States (conspiracy), and recent cases on impossible attempt and internet child pornography stings. Streamlined explanation of mistakes of law And The mental element of accomplice liability. A subject as important as criminal law deserves a casebook as good as John Kaplan, Robert Weisberg, and Guyora Binder's Fifth Edition. an author website to support classroom instruction using this title is available at http://www.aspenlawschool.com/kaplan5

Corporate Mind Control

Corporate Mind Control
Author: Shirley West
Publisher:
Total Pages: 12
Release: 1988
Genre: Group relations training
ISBN:

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