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This cutting-edge book critically reviews the field of attempted
legal control and regulation of delinquent conduct by business
actors in the form of exploitative, collusive and corrupt
behaviour. It explores key topics including victimhood,
accountability, theories of trading and shared responsibility.
Christopher Harding and Alison Cronin reflect on the attempts that
have been made globally to use criminal law and other methods of
formal legal control, as well as more flexible and innovative
approaches under the heading of 'regulation', to address the
problem of bad business practice. The book argues for a return to
first principles and that the possibility of a reconfiguration of
economic ordering and market and trading culture should be
considered; as business malpractice is largely inherent in the
dominant capitalist model, that model is in need of repurposing and
reform. Taking an interdisciplinary approach, this book will be a
valuable resource for scholars and students of law with a focus on
business, commercial law and criminal law, in addition to
researchers of corporate governance and public administration and
management. Its critical arguments will also benefit NGOs, business
professionals and campaign groups.
Through a rational reconstruction of orthodox legal principles, and
reference to cutting-edge neuro-science, this book reveals some
startling truths about the criminal law, its history and the
fundamental doctrines that underpin the attribution of criminal
fault. While this has important implications for the criminal law
generally, the focus of this work is the development of a theory of
corporate criminality that accords with modern theory of group
agency, itself informed by advancements in contemporary philosophy
and social science. The innovation it proposes is the theoretical
and practical means by which criminal fault can be attributed
directly to the corporate actor, where liability cannot or should
not be reduced to its individual members.
Through a rational reconstruction of orthodox legal principles, and
reference to cutting-edge neuro-science, this book reveals some
startling truths about the criminal law, its history and the
fundamental doctrines that underpin the attribution of criminal
fault. While this has important implications for the criminal law
generally, the focus of this work is the development of a theory of
corporate criminality that accords with modern theory of group
agency, itself informed by advancements in contemporary philosophy
and social science. The innovation it proposes is the theoretical
and practical means by which criminal fault can be attributed
directly to the corporate actor, where liability cannot or should
not be reduced to its individual members.
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