Duck-Rabbit: A Reply to Professor Hasnas

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 Hasnas argued that character theory is better viewed as a theory of corporate regulation rather than punishment. This reply concessively counters that one of character theory's strengths is that its recommendations have both regulatory and punitive dimensions.

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