The public outcry against corporate misconduct has never been louder. Union Carbide, Continental Airlines, Enron, Goldman Sachs, and BP find themselves staring at potential criminal prosecutions. The spotlight now focuses on the criminal law and whether it is capable of dealing with these corporate 'villains.' This book examines the legal challenges facing the world's legal systems and analyzes the laws of corporate criminal liability throughout Europe.
The public outcry against corporate misconduct has never been louder. Union Carbide, Continental Airlines, Enron, Goldman Sachs, and BP find themselves staring at potential criminal prosecutions. The spotlight now focuses on the criminal law and whether it is capable of dealing with these corporate 'villains.' This book examines the legal challenges facing the world's legal systems and analyzes the laws of corporate criminal liability throughout Europe.
James Gobert has been a Professor of Criminal Law at the University of Essex since 1989, and before that at the University of Tennessee. He has also taught at the University of Michigan, Vanderbilt University, and the University of Notre Dame (London). His specialist areas of research are corporate crime and white collar crime and he has spoken on these topics at universities and conferences throughout Europe, Australia and North America. Ana-Maria Pascal is the MBA Programme Director at London College of Business, having previously been a Lecturer and Senior Researcher at the University of Essex. She holds a PhD in Philosophy and an MBA in International Finance. Her recently published PhD thesis, Pragmatism and 'the End' of Metaphysics (2009) won the Aurel Leon award for debut.
Inhaltsangabe
Preface Part 1: Thematic Issues 1. Containing Corporate Crime: Civil or Criminal Controls? 2. A Legal Person's Conscience: Philosophical Underpinnings of Corporate Criminal Liability 3. The Challenges of Regulating Powerful Economic Actors 4. State Complicity in the Production of Corporate Crime 5. Penalising Corporate 'Culture': The Key to Safer Corporate Activity? Part 2: Organisational v. Individual Liability 6. The Organisational Component in Corporate Crime 7. Individual Liability of Company Officers 8. Squaring the Circle: The Relationship between Individual and Organisational Liability Part 3: Particular Offences 9. Environmental Offending, Regulation and 'The Legislative Balancing Act' 10. Investigating Safety Crimes in Finland 11. Financial Crime and Litigation: Aftermath of Shadow Banking and Subprime Crisis 12. Concluding Observations Part 4: Country Reports 13. Austria 14. Belgium 15. Czech Republic 16. Denmark 17. Estonia 18. Finland 19. France 20. Germany 21. Italy 22. Ireland 23. Lithuania 24. Luxembourg 25. Netherlands 26. Poland 27. Portugal 28. Romania 29. Slovenia 30. Spain 31. Sweden 32. UK
Preface Part 1: Thematic Issues 1. Containing Corporate Crime: Civil or Criminal Controls? 2. A Legal Person's Conscience: Philosophical Underpinnings of Corporate Criminal Liability 3. The Challenges of Regulating Powerful Economic Actors 4. State Complicity in the Production of Corporate Crime 5. Penalising Corporate 'Culture': The Key to Safer Corporate Activity? Part 2: Organisational v. Individual Liability 6. The Organisational Component in Corporate Crime 7. Individual Liability of Company Officers 8. Squaring the Circle: The Relationship between Individual and Organisational Liability Part 3: Particular Offences 9. Environmental Offending, Regulation and 'The Legislative Balancing Act' 10. Investigating Safety Crimes in Finland 11. Financial Crime and Litigation: Aftermath of Shadow Banking and Subprime Crisis 12. Concluding Observations Part 4: Country Reports 13. Austria 14. Belgium 15. Czech Republic 16. Denmark 17. Estonia 18. Finland 19. France 20. Germany 21. Italy 22. Ireland 23. Lithuania 24. Luxembourg 25. Netherlands 26. Poland 27. Portugal 28. Romania 29. Slovenia 30. Spain 31. Sweden 32. UK
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