Download This PaperSanctioning Corporations
Journal Law and Policy, Vol. 19, No. 1, pp. 15-43, 2010
29 Pages Posted: 24 Feb 2011
Abstract
The question of corporate criminal liability should be split into (at least) two questions: (1) Should corporations be subject to criminal sanctions? (2) Should these sanctions be subject to the same substantive, procedural, and evidentiary constraints as those that apply in the case of individual defendants? I argue for a positive answer to the first question, and a negative answer to the second.
Keywords: corporate criminal liability, assumption of unity, assumption of individuality, moral personality, practical personality
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Meir Dan-Cohen (Contact Author)
University of California, Berkeley - School of Law ( email )
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