Criminal Enterprise: Individuals, Organisations and Criminal by Christopher Harding

By Christopher Harding

It is a research of supplier within the box of felony legal responsibility, contemplating the respective roles of people and businesses and the allocation of felony accountability to those other kinds of actor. the problem of felony accountability, that is expert by way of either the sociological research of behavior and by means of moral concerns of accountability, offers an enormous and revealing concentration for dialogue. legal firm analyses legal accountability via 3 major sorts of company: company actors within the box of industrial task, states and governments, and delinque. learn more... disguise; Copyright web page; Contents; Preface; 1 creation: looking for the accountable felony actor; half I; 2 The business enterprise in modern society; three organisation: the philosophy of the collective; four criminal routes to accountability; five versions of accountability; half II; 6 Human or company? Allocating accountability for company conspiracy; 7 Delinquency inside of constructions of governance; eight The felony regulate of felony companies; half III; nine The enterprise as an self sufficient felony actor; 10 The legal firm as a facilitating framework; Endnote; References; Index

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In the event of a failure to reach agreement on this matter, it would be referred to named arbitrators, whose function would be to decide appropriate compensation. This is an account of an international incident, involving the perpetration of a ‘terrorist’ act which was illegal under international law and national criminal law and was committed by the agents of one State on the territory of another; and of how the incident was resolved, legally and politically, through the criminal prosecution and conviction of the agents who carried out the blowing up of the vessel, and the settlements arrived at between France on the one hand and New Zealand and the Greenpeace organisation on the other hand.

The underlying question is whether there is something especially distinctive about this kind of responsibility, so as to justifiably reserve its application to the conventional human actor. In an ‘age of organisations’, is it still sensible to draw that distinction? 16 See the discussion of the International Law Commission’s Articles on State Responsibility in Chapter 8 below. 22 Part I Theory: the individual–organisation dilemma Introductory note The chapters in this first main section of the book lay down the theoretical groundwork for the discussion.

39 Criminal Enterprise enabling the latter to transcend the identity of its human membership at any one time. Such definitions, however, remain largely rooted in the formal and abstract aspects of organisational phenomena. An important perception gained from sociological research relates to the actual deviation between formal goals and other objectives which may be pursued within organisations, an aspect which may prove important in any discussion of the relation between organisational and individual action.

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