From Here to There: A Reply to Professor Baer

Abstract

In an earlier article, I introduced the character theory of corporate punishment. Inspired by virtue ethics, the theory proposes that criminal law should punish a corporation only by coercively reforming any criminogenic organizational traits responsible for its crime. In a response, Professor Baer objects to the self-consciously punitive aspects of my theory and calls for a more regulatory approach. This reply argues that character theory may be the most promising framework for realizing Baer's ideal.

Keywords: corporate crime, white-collar crime, punishment theory, regulation, corporate character, virtue ethics