Playing Games
Playing Games
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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