Corporate Bodies and Guilty Minds
The Failure of Corporate Criminal Liability
In this timely work, William S. Laufer argues that even with recent legal reforms, corporate criminal law continues to be ineffective. As evidence, Laufer considers the failure of courts and legislatures to fashion liability rules that fairly attribute blame for organizations. He analyzes the games that corporations play to deflect criminal responsibility. And he also demonstrates how the exchange of cooperation for prosecutorial leniency and amnesty belies true law enforcement. But none of these factors, according to Laufer, trumps the fact that there is no single constituency or interest group that strongly and consistently advocates the importance and priority of corporate criminal liability. In the absence of a new standard of corporate liability, the power of regulators to keep corporate abuses in check will remain insufficient.
National White-Collar Crime Research Consortium: Outstanding Book Award (NWCCRC)
Won
“Don’t be fooled by the spate of recent corporate scandals and the criminal trials that make us believe that we will not be seeing more of the same again, and again. Business lawbreaking has always been with us and will continue to surface unless we heed the advice offered in Corporate Bodies and Guilty Minds. William Laufer insists that the Enrons, Adelphias, and their criminal kin must themselves be judged by standards that reasonably attribute blame and liability to corporations. The current practice of exonerating entities from guilt and responsibility based on prosecutorial whim and corporate game-playing allows culpable companies to evade deserved punishment. This is a pathbreaking contribution on a critically important subject.”--Gilbert Geis, professor emeritus, Department of Criminology, Law and Society, University of California, Irvine
“William Laufer has made a major contribution to the study of corporate governance. To those who seem satisfied with new proclamations of corporate social responsibility and are optimistic about the efficacy of new laws and regulations that strengthen civil law enforcement he recalls the long history of corporate misbehavior. What is needed, he says, is a more focused use of our criminal laws to make it unmistakably clear that criminal behavior needs criminal punishment. His is a compelling story that needs to be read by anyone concerned about corporate behavior.”—Roderick Hills, former chairman, United States Securities and Exchange Commission
“This is a look at the waxing and waning of business ethics in America, documented with historical, political, and legal precision. Given that we seem to be at the bottom of the business ethics cycle, and that multinational corporations currently have more power to control our lives than many governments do, Laufer’s book is a great and timely review of what reforms have worked in the past, and which ones have failed. This is a plan for taking back America for ordinary Americans using legal change and political reform.”--Howard Dean, chairman, Democratic National Committee
“Laufer’s critique of modern corporate criminal liability begins with a fascinating account of the development of corporate criminal law in the United States. . . . [This] timely work offers a dispassionate analysis of problems relating to corporate crime.”—Harvard Law Review
Part I. The Law’s Ambivalence
1. The Evolution of Corporate Criminal Law
2. Recognizing Personhood
3. Constructing Fault
Part II. The Law’s Status Quo
4. Playing Games
5. Shifting Blame
6. Crafting a Soul
7. Making and Unmaking the Pessimist’s Account
Notes
Index
Economics and Business: Business--Business Economics and Management Studies
History: American History
Law and Legal Studies: Law and Economics | Law and Society | Legal History | Legal Thought
Philosophy: Ethics
Sociology: Criminology, Delinquency, Social Control
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