Criminal Enterprise

Description

This is a study of agency in the field of criminal liability, considering the respective roles of individuals and organisations and the allocation of criminal responsibility to these different kinds of actor. The issue of criminal responsibility, which is informed by both the sociological analysis of conduct and by ethical considerations of responsibility, provides an important and revealing focus for discussion. Criminal Enterprise analyses criminal responsibility through three main types of organisation: corporate actors in the field of business activity, states and governments, and delinque.  Read more... Abstract: This is a study of agency in the field of criminal liability, considering the respective roles of individuals and organisations and the allocation of criminal responsibility to these different kinds of actor. The issue of criminal responsibility, which is informed by both the sociological analysis of conduct and by ethical considerations of responsibility, provides an important and revealing focus for discussion. Criminal Enterprise analyses criminal responsibility through three main types of organisation: corporate actors in the field of business activity, states and governments, and delinque Content: Cover Criminal Enterprise Individuals, organisations and criminal responsibility Copyright Contents Preface 1. Introduction: searching for the responsible criminal actor Individuals, organisations and criminal responsibility Mapping out the discussion Main lines of theory Back to some fact: illustrative narratives of the subject The enigma of the responsible actor Part I. Theory: the individual-organisation dilemma Introductory note Introductory note 2. The organisation in contemporary society A self-evident significance? The sociology of organisations: no clear answer to the ontological questionDefinition: organisations and social groups Constructing a broad typology The value of typology: what's in a name? 3. Agency: the philosophy of the collective Problems in constructing theory Actors and identities: reality and social ascription Does an organisation possess agency? 'Individualism' versus 'holism' Human interaction as a key to organisational agency The criteria of organisational agency (and of organisations) From agency to responsibility 4. Legal routes to responsibility. Moving into a legal landscapeIndividuals, collectivities and corporate actors The nature of individual responsibility Collective responsibility: all for one and one for all Corporate responsibility: the autonomous organisation Incorporation as a legal process 5. Models of responsibility Hart revisited The agent in a social role: role-responsibility The psychology of agency: capacity-responsibility Responsibility in the instant case: causal-responsibility The determination of responsibility and application of sanctions: liability-responsibility Criminal responsibility and liability. Part II. Contexts: paradigmatic sites for individual and organisational interaction Introductory noteIntroductory note 6. Human or corporate? Allocating responsibility for business conspiracy Elements of conspiracy Business conspiracy: participation and identity Double counting: offences, persons and jeopardy? The attribution of responsibility to corporate business actors The strategic dimension: the enforcement perspective The search for legal principle 7. Delinquency within structures of governance The delinquent State: in the back seat? Governmental delinquency as criminal conductState or individual responsibility? The nature of State responsibility for delinquency in governance: the genie out of the bottle? The relationship between State and individual responsibility: distinguishing organisational and implementing responsibility State and government: disaggregating governmental actors Conclusion: delinquent roles and identities 8. The legal control of criminal organisations Penetrating and theorising about an obscure subject Organised criminality Criminal organisation. The criminal organisation as a distinct organisational agent.