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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: 29 March 2020

Playing Games

Playing Games

Chapter:
(p.99) Chapter Four Playing Games
Source:
Corporate Bodies and Guilty Minds
Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226470429.003.0004

This chapter reveals the effects of an abandoned substantive corporate criminal law, where prosecutorial discretion trumps liability rules; where there is a whim and arbitrariness to corporate liability. The chapter considers how compliance games are played, their distinct objectives, rationales, and rules. It reviews how the game of compliance as business ethics seems to have magically changed in the post-scandals era. Finally, it concludes that there is a paradox to compliance that may offer a valuable lesson for the corporate governance movement. Without liability rules that fairly and justifiably construct blame, regulation will, at times, prompt some corporations to dissimulate in artful, gamelike ways.

Keywords:   corporate criminal law, substantive law, liability rules, prosecutorial discretion, corporate liability, business ethics

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