Corporations, Crime and Accountability

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Cambridge University Press, 1993 - Business & Economics - 279 pages
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Explaining why accountability for corporate crime is rarely imposed under the present law, this text proposes solutions that would help to extend responsibility to a wide range of actors. It develops an Accountability Model under which the courts and corporations work together to achieve accountability across a broad front.
 

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Contents

Crime Responsibility and Corporate Society
1
Why Accountability for Corporate Crime is Important
12
Toward Accountability for Corporate Crime
15
Individualism
17
Methodological Individualism Corporate Action and Corporate Responsibility
19
Deterrence Corporate Conduct and Responsibility
31
Retribution and Allocation of Responsibility for Corporate Crime
44
Safeguarding Individual Interests
50
2 Recognition of Corporate Responsibility
162
3 Imposing Responsibility on All Responsible Actors
163
4 CostEfficiency
167
5 Safeguarding Individual Interests
169
6 Equal Application of Law
178
7 Control of Scapegoating
182
8 Avoiding Unwanted Spillovers
187
9 Escaping the Deterrence Trap
189

The Need for Strategies That Transcend Individualism
57
Enterprise Liability
59
Five Approaches
60
Economic Rational Actors Financial Incentives and Corporate Behaviour
72
Deterrence and Efficiency
78
Safeguarding Individuals
93
The Central Issue of Responsibility
98
Organisation Theory Perspectives
101
Mintzbergs Structuring of Organisations
105
The Dramaturgical Model
109
Braithwaite and Fisses Varieties of Responsibility
111
Beyond Positivist Organisation Theory
117
The Need for Strategies Responsive to the Problems Posed by Organisation Theory
131
Making the Buck Stop
133
Desiderata for the Just and Effective Enforcement of Responsibility for Corporate Crime
135
Developing a Model for the Allocation of Responsibility for Corporate Crime
138
The Accountability Model Illustrated
154
Assessing the Accountability Model
158
10 Heeding Motivational Complexity
190
11 Recognising and Using Internal Justice Systems
193
12 Averting Cultures of Resistance
198
13 Reflecting the Diverse Aims of the Criminal Justice System
199
14 Varieties of Responsibility and Organisational Diversity
201
15 Nuanced Imaginings of Corporate Action
204
16 Redundancy
208
17 Preserving Managerial Flexibility
209
18 Coping with the Dynamics of Corporate Behaviour
210
19 Transnationality
213
20 Public and Private Organisations
215
Accountability for Corporate Crime in Theory and Practice
216
The Possibility of Responsibility for Corporate Crime
218
The Accountability Model in Action
222
Experimentation and Empiricism
237
Bibliography of Cited Works
239
Index
266
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