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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.
Foreword by The Hon Justice Michelle Gordon AC Preface List of Contributors Table of Cases Table of Legislation Table of Instruments and Other Materials (Australia) Australian State Legislation Table of Other National Legislation Table of International Materials PART I FRAMEWORKS AND CONTEXTS 1. The Culpable Corporate Mind: Taxonomy and Synthesis Elise Bant 2. Associations and Moral Responsibility: Some Ground-Clearing Matthew Harding 3. Crown Resorts and the Im/moral Corporate Form Penny Crofts 4. Corporate Torts in England: Limiting Liability by Capacity Joshua Getzler 5. The Corporate Culpability of Big Tech Julia Powles PART II ATTRIBUTION MODELS 6. Meridian, Allocated Powers and Systems Intentionality Compared Rachel Leow 7. Reactive Corporate Fault Brent Fisse 8. Ideas of Corporate Culture from the Perspective of Penalties Jurisprudence Rebecca Faugno 9. Systems Intentionality: Theory and Practice Elise Bant 10. How to Read a Corporation's Mind Mihailis E Diamantis PART III CORPORATE STATES OF MIND 11. Modelling Corporate States of Mind through Systems Intentionality Elise Bant 12. Automated Mistakes: Vitiated Consent and State of Mind Culpability in Algorithmic Contracting Jeannie Marie Paterson and Elise Bant 13. Can Corporations be Dishonest? Jeremy Gans 14. Asset-Based Lending: A Case Study in Unconscionable Systems of Conduct Michael Bryan 15. Corporate Contrition Robyn Carroll PART IV ALTERNATIVE APPROACHES 16. Culpable Ships Sarah Derrington and Samuel Walpole 17. Culpable Executives Pamela Hanrahan 18. 'Failure to Prevent' Offences: The Solution to Transnational Corporate Criminal Liability? Jonathan Clough 19. Performance-Based Consumer and Investor Protection: Corporate Responsibility without Blame Lauren E Willis 20. Regulatory Pluralism to Tackle Modern Slavery Fiona McGaughey Index
Author(s) | Edited by Professor Elise Bant. |
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Publisher | Bloomsbury Publishing PLC |
ISBN | 9781509952380 |
Format | Hardback |
Pages | 528 |
Published in | United Kingdom |
Published | 20 Apr 2023 |
Availability | POD |
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