Corporate Criminals and Punishment Theory

Sylvia Rich (2016). Corporate Criminals and Punishment Theory. Canadian Journal of Law & Jurisprudence, 29, pp 97-118 doi:10.1017/cjlj.2016.4

24 Pages Posted: 7 May 2022

See all articles by Sylvia Rich

Sylvia Rich

University of Ottawa, Faculty of Law

Date Written: February 2, 2016

Abstract

Sentencing principles for corporations should be consonant with those for individuals, and if they are not, there should be good reasons for the divergence. Theories of punishment and sentencing are also theories of how we justify using the coercive power of the state to punish people. This article considers how corporate entities should be treated under retributivism, a theory of punishment that holds that offenders deserve to be punished in proportion to their blameworthiness. I argue that corporations have the capacity to understand moral matters and make moral judgments, and retributivism must be included as a component principle in corporate sentencing.

Keywords: corporate sentencing; punishment theory; group agency

Suggested Citation

Rich, Sylvia, Corporate Criminals and Punishment Theory (February 2, 2016). Sylvia Rich (2016). Corporate Criminals and Punishment Theory. Canadian Journal of Law & Jurisprudence, 29, pp 97-118 doi:10.1017/cjlj.2016.4, Available at SSRN: https://ssrn.com/abstract=3976512 or http://dx.doi.org/10.2139/ssrn.3976512

Sylvia Rich (Contact Author)

University of Ottawa, Faculty of Law ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

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