The Culpable Corporate Mind

Business / Commercial Law › Company Law

The Culpable Corporate Mind

By Elise Bant
Hart Publishing April 2023

Specifications

ISBN-13
9781509952380
Publisher
Hart Publishing
Publication
April 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This collection examines critically, and with an eye to reform, conceptions and conditions of corporate blameworthiness in law. It draws on legal, moral, regulatory and psychological theory, as well as historical and comparative perspectives. These insights are applied across the spheres of civil, criminal, and international law.

The collection also has a deliberate focus on the 'nuts and bolts' of the law: the legal, equitable and statutory principles and rules that operate to establish corporate states of mind, on which responsibility as a matter of daily legal practice commonly depends.The collection therefore engages strongly with scholarly debates.

The book also speaks, clearly and cogently, to the judges, regulators, legislators, law reform commissioners, barristers and practitioners who administer and, through their respective roles, incrementally influence the development of the law at the coalface of legal practice.

Table of Contents

1. A Taxonomy of Corporate Culpability (Intro and Synthesis)

Part One: Models of the Corporate Mind
2. Philosophical Reflections on Corporate Culpability
3. Meridian as a Comparative Model
4. Systems Intentionality Accepted
5. Reflections on Reactive Fault, Systems Intentionality and the Best Way Forward
6. Failure to Prevent and Duty-Based Models
Part Two: Unpacking Corporate Mindsets

7. Mistake and the Corporate Mind
8. Dishonesty and the Corporation Accepted
9. Corporate Contrition Accepted
10. Algorithmic Corporations Accepted
Part Three: Corporate Culpability Applied

11. Corporate Fraud and Corporate Unconscionability Accepted
12. Corporate Purpose and Torts
13. Corporate Culpability in Equity Accepted
14. Corporate Wickedness
15. Corporate Culpability and Punishment
16. Corporate Culpability and Remedies
Part Four: Corporate Culpability in Context

17. Using Corporate Reporting to Disclose Corporate Guilt
18. Corporate Attribution in Admiralty Law
19. Corporate Culpability and Pharmaceutical Companies
20. Digital Platforms and Power
21. Corporate Regulation in the Digital Age
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