Bridging the Theoretical Gap: The Search for a Realist Model of Corporate Criminal Liability

Posted: 4 Mar 2009 Last revised: 15 Oct 2009

See all articles by Jonathan Clough

Jonathan Clough

Monash University - Faculty of Law

Date Written: February 26, 2009

Abstract

It is over 30 years since the seminal decision of the House of Lords in Tesco Supermarkets Ltd v. Nattrass articulated the identification doctrine as the basis for corporate criminal liability in many common law countries. During that time, Tesco has been consistently criticised as ill-suited to modern, de-centralised corporate structures. Although the courts have introduced some flexibility into the doctrine, they have remained wedded to derivative liability as the basis for corporate fault, and have proved unable to develop a model of liability which reflects the unique nature of the corporate defendant.

Keywords: criminal law, corporate wrongdoing, corporate crimes, corporate liability, liability

JEL Classification: K0, K00, K14, K19, K29, K39, K42

Suggested Citation

Clough, Jonathan, Bridging the Theoretical Gap: The Search for a Realist Model of Corporate Criminal Liability (February 26, 2009). Monash University Faculty of Law Legal Studies Research Paper No. 2007/31; Criminal Law Forum, Vol. 18, No. 3-4, 2007. Available at SSRN: https://ssrn.com/abstract=1349980

Jonathan Clough (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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