Abstract

https://ssrn.com/abstract=1769262
 
 

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Sanctioning Corporations


Meir Dan-Cohen


University of California, Berkeley - School of Law


Journal Law and Policy, Vol. 19, No. 1, pp. 15-43, 2010
UC Berkeley Public Law Research Paper No. 1769262

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.

Number of Pages in PDF File: 29

Keywords: corporate criminal liability, assumption of unity, assumption of individuality, moral personality, practical personality


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Date posted: February 24, 2011  

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

Contact Information

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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