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
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