Download European Developments in Corporate Criminal Liability by James Gobert, Ana-Maria Pascal PDF
By James Gobert, Ana-Maria Pascal
While enterprises keep it up their enterprise in a grossly negligent demeanour, or take a cavalier method of chance administration, the results will be catastrophic. The damage will be monetary, as happened whilst such well-regarded businesses as Enron, Lehman Brothers, Worldcom and Barings collapsed, or it can be environmental, as illustrated such a lot lately by way of the Gulf oil spill. occasionally deaths and critical accidents on a mass scale ensue, as within the Bhopal fuel catastrophe, the Chernobyl nuclear explosion, the Paris crash of the Concorde, the
capsize of the usher in of unfastened firm, and rail crashes at Southall, Paddington and Hatfield in England.What position can the legislation play in fighting such debacles and in punishing the company offenders?
This choice of thematic papers and eu nation stories addresses those questions at either a theoretical and empirical point. The thematic papers examine company legal legal responsibility from a variety of educational disciplines, together with legislations, sociology/criminology, economics, philosophy and environmental experiences, while the rustic reviews examine the legislation of company crime all through Europe, highlighting either universal gains and irreconcilable adjustments among a number of the jurisdictions.
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Example text
25 The sums are generally small and if you operate a major construction company you do not need to worry about consumers at the till, your customers are other big businesses or public bodies. If you are one of only a handful of companies with the specialised equipment needed to maintain railways, then you are already more than half way there in retaining your market position. And the story may support Khanna’s argument that punitive responses which come about as a result of public outcry – as is the case with the pressure to increase health and safety fines and to introduce corporate manslaughter – have less deterrent effect than highly targeted civil penalties.
In other words, being a self is not just a matter of having an identity; it also involves awareness of that particular identity of the self. In order to understand what that awareness or self-perception might entail, let’s take a few examples from the history of ideas, about the actual notion of the self, and see how (if at all) they might apply to ‘legal persons’. Three examples spring to mind: Descartes’ ego cogito, Locke’s ‘punctual self ’ (one capable of objectification), and Heidegger’s Dasein (literally, the ‘being here’, largely identified with the self).
2. 1(2) as including ‘an act, an omission to perform an act or a state of affairs’. 62 S. 1 (a) and s. 2. 63 HL Bolton (Engineering) Co. J. Graham and Sons Ltd [1957] 1 QB 159 at 172, per Lord Denning, MR. 64 In 2003 the US Department of Justice issued revised guidelines to prosecutors (the Thompson Memorandum). Relevant factors include the criminal history of the corporation, the likely collateral consequences of prosecution, the level and role of criminal conduct of the corporate employees, and the existence of an effective corporate compliance programme and placed particular emphasis on analysis of the concrete steps taken by the corporation to cooperate.