Sanctioning Corporations

Journal Law and Policy, Vol. 19, No. 1, pp. 15-43, 2010

UC Berkeley Public Law Research Paper No. 1769262

29 Pages Posted: 24 Feb 2011  

Meir Dan-Cohen

University of California, Berkeley - School of Law

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

Suggested Citation

Dan-Cohen, Meir, Sanctioning Corporations. Journal Law and Policy, Vol. 19, No. 1, pp. 15-43, 2010; UC Berkeley Public Law Research Paper No. 1769262. Available at SSRN: https://ssrn.com/abstract=1769262

Meir Dan-Cohen (Contact Author)

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States
510-642-7421 (Phone)
510-642-3767 (Fax)

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