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Corporations, Crime, and Accountability

Brent Fisse, John Braithwaite
Format
Book
Published
Cambridge ; New York : Cambridge University Press, 1993.
Language
English
Series
Theories of Institutional Design
ISBN
0521441307, 9780521441308, 0521459230, 9780521459235
Summary
"In modern society corporate activities frequently result in serious harm, whether to the environment, to victims of industrial accidents or to persons who suffer loss from fraudulent operations. The BCCI global money laundering operation, the Union Carbide Bhopal disaster and the Zeebrugge ferry disaster are all examples of corporate crimes widely perceived as serious and punishable. But who should be responsible for corporate crime? Corporations rather than individual personnel are typically the prime target of prosecution, and if individuals are prosecuted it is often only because they have been scapegoated." "This book explains why accountability is rarely imposed under the present law and proposes solutions which would help to extend responsibility to a wide range of actors. The authors develop an Accountability Model which seeks to impose responsibility on all who are responsible for corporate crime. Under this Model, the courts and corporations would work together by having the law harness the internal disciplinary systems of organisations. In this way, accountability would be achieved across a much broader front than would otherwise be possible. The book argues that all who are responsible should be held responsible and that this ideal is attainable only if legal systems recognise corporate systems of justice and fully utilise their power." "At a time when the issue of corporate governance is high on the global political agenda, this book will be of great interest to academic and professional readers in criminology, law business studies, public policy and within corporations themselves."--Jacket.
Contents
  • 1. Crime, Responsibility and Corporate Society. Contemporary Problems of Accountability for Corporate Crime. Why Accountability for Corporate Crime is Important. Toward Accountability for Corporate Crime
  • 2. Individualism. Individualism as a Strategy for Allocating Responsibility for Corporate Crime. Methodological Individualism, Corporate Action and Corporate Responsibility. Deterrence, Corporate Conduct and Responsibility. Retribution and Allocation of Responsibility for Corporate Crime. Safeguarding Individual Interests. Conclusion: The Need for Strategies That Transcend Individualism
  • 3. Enterprise Liability. Enterprise Liability and Economic Analysis of Law. Enterprise Liability: Five Approaches. Economic Rational Actors, Financial Incentives, and Corporate Behaviour. Deterrence and Efficiency. Safeguarding Individuals. Conclusion: The Central Issue of Responsibility
  • 4. Organisation Theory Perspectives. Organisation Theory and Allocation of Responsibility.
  • First Cut: Kriesberg's Decisionmaking Models for Organisational Action. Second Cut: Mintzberg's Structuring of Organisations. Third Cut: The Dramaturgical Model. Fourth Cut: Braithwaite and Fisse's 'Varieties of Responsibility'. Beyond Positivist Organisation Theory. Conclusion: The Need for Strategies Responsive to the Problems Posed by Organisation Theory
  • 5. Making the Buck Stop. Responsibility for Corporate Crime in Modern Society. Desiderata for the Just and Effective Enforcement of Responsibility for Corporate Crime. Developing a Model for the Allocation of Responsibility for Corporate Crime. The Accountability Model Illustrated
  • 6. Assessing the Accountability Model. 1. Individual Responsibility as a Pillar of Social Control. 2. Recognition of Corporate Responsibility. 3. Imposing Responsibility on All Responsible Actors. 4. Cost-Efficiency. 5. Safeguarding Individual Interests. 6. Equal Application of Law. 7. Control of Scapegoating. 8. Avoiding Unwanted Spillovers.
  • 9. Escaping the Deterrence Trap. 10. Heeding Motivational Complexity. 11. Recognising and Using Internal Justice Systems. 12. Averting Cultures of Resistance. 13. Reflecting the Diverse Aims of the Criminal Justice System. 14. Varieties of Responsibility and Organisational Diversity. 15. Nuanced Imaginings of Corporate Action. 16. Redundancy. 17. Preserving Managerial Flexibility. 18. Coping with the Dynamics of Corporate Behaviour. 19. Transnationality. 20. Public and Private Organisations. Conclusion: Accountability for Corporate Crime in Theory and Practice
  • 7. The Possibility of Responsibility for Corporate Crime. Corporate Crime Control: Complexity and Multiplexity. The Accountability Model in Action. The Future of Responsibility for Corporate Crime: Experimentation and Empiricism.
Description
vi, 279 pages ; 23 cm.
Notes
Includes bibliographical references (pages 239-265) and index.
Technical Details
  • Access in Virgo Classic
  • Staff View

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    505
    0
      
    a| 1. Crime, Responsibility and Corporate Society. Contemporary Problems of Accountability for Corporate Crime. Why Accountability for Corporate Crime is Important. Toward Accountability for Corporate Crime -- 2. Individualism. Individualism as a Strategy for Allocating Responsibility for Corporate Crime. Methodological Individualism, Corporate Action and Corporate Responsibility. Deterrence, Corporate Conduct and Responsibility. Retribution and Allocation of Responsibility for Corporate Crime. Safeguarding Individual Interests. Conclusion: The Need for Strategies That Transcend Individualism -- 3. Enterprise Liability. Enterprise Liability and Economic Analysis of Law. Enterprise Liability: Five Approaches. Economic Rational Actors, Financial Incentives, and Corporate Behaviour. Deterrence and Efficiency. Safeguarding Individuals. Conclusion: The Central Issue of Responsibility -- 4. Organisation Theory Perspectives. Organisation Theory and Allocation of Responsibility.
    505
    8
      
    a| First Cut: Kriesberg's Decisionmaking Models for Organisational Action. Second Cut: Mintzberg's Structuring of Organisations. Third Cut: The Dramaturgical Model. Fourth Cut: Braithwaite and Fisse's 'Varieties of Responsibility'. Beyond Positivist Organisation Theory. Conclusion: The Need for Strategies Responsive to the Problems Posed by Organisation Theory -- 5. Making the Buck Stop. Responsibility for Corporate Crime in Modern Society. Desiderata for the Just and Effective Enforcement of Responsibility for Corporate Crime. Developing a Model for the Allocation of Responsibility for Corporate Crime. The Accountability Model Illustrated -- 6. Assessing the Accountability Model. 1. Individual Responsibility as a Pillar of Social Control. 2. Recognition of Corporate Responsibility. 3. Imposing Responsibility on All Responsible Actors. 4. Cost-Efficiency. 5. Safeguarding Individual Interests. 6. Equal Application of Law. 7. Control of Scapegoating. 8. Avoiding Unwanted Spillovers.
    505
    8
      
    a| 9. Escaping the Deterrence Trap. 10. Heeding Motivational Complexity. 11. Recognising and Using Internal Justice Systems. 12. Averting Cultures of Resistance. 13. Reflecting the Diverse Aims of the Criminal Justice System. 14. Varieties of Responsibility and Organisational Diversity. 15. Nuanced Imaginings of Corporate Action. 16. Redundancy. 17. Preserving Managerial Flexibility. 18. Coping with the Dynamics of Corporate Behaviour. 19. Transnationality. 20. Public and Private Organisations. Conclusion: Accountability for Corporate Crime in Theory and Practice -- 7. The Possibility of Responsibility for Corporate Crime. Corporate Crime Control: Complexity and Multiplexity. The Accountability Model in Action. The Future of Responsibility for Corporate Crime: Experimentation and Empiricism.
    650
      
    0
    a| Criminal liability of juristic persons.
    650
      
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    a| Corporation law x| Criminal provisions.
    650
      
    6
    a| Personnes morales x| Responsabilité pénale.
    650
      
    6
    a| Sociétés x| Droit pénal.
    650
      
    7
    a| Corporation law x| Criminal provisions. 2| fast 0| (OCoLC)fst00879734
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    7
    a| Unternehmen 2| gnd
    650
      
    7
    a| Verantwortlichkeit 2| gnd
    650
      
    7
    a| Wirtschaftskriminalität 2| gnd
    650
      
    7
    a| Direito penal. 2| larpcal
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    a| Business a| Law
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    a| Braithwaite, John.
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    a| Theories of institutional design.
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    a| Z0 b| VAL
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    a| 17
    999
      
      
    a| K5069 .F57 1993 w| LC i| 35007000053698 l| STACKS m| LAW t| BOOK
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