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Corporate Bodies and Guilty MindsThe Failure of Corporate Criminal Liability$
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William S. Laufer

Print publication date: 2006

Print ISBN-13: 9780226470405

Published to Chicago Scholarship Online: March 2013

DOI: 10.7208/chicago/9780226470429.001.0001

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PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 21 January 2020

Recognizing Personhood

Recognizing Personhood

Chapter:
(p.44) Chapter Two Recognizing Personhood
Source:
Corporate Bodies and Guilty Minds
Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226470429.003.0002

This chapter reviews the place of corporate personhood in the criminal law. The rhetoric of personhood and its evils are discussed. The challenges of making personhood relevant are also considered, first, in terms of existing regulatory law and practice and, second, as a foundation of substantive criminal law. There is a wide range of reactions to the ascription of human characteristics to corporate entities, from a vocal minority who attribute the evils of globalization to corporate personhood to a majority who do not know what to make of it; reject it as anthropomorphic, irrelevant; think it inefficient; or are simply ambivalent. Reactions turn on the meaning and consequences of accepting or rejecting attributions of personhood. Most people seem to agree that if the law receives it as a fiction, legislatures and courts must wrestle with just how relevant it is and how it should be recognized.

Keywords:   corporate personhood, criminal law, regulatory law, globalization, business enterprise, legislatures, courts

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