Overview

How should criminal law be used to address corporate misconduct effectively? Through a doctrinal and theoretical analysis, A Theory of Corporate Crime puts forward a defence of the 'failure to prevent' model of corporate liability and its liberal-welfarist framework, as a key part of the answer to that question. Delving into its conceptual and moral foundations, this book contrasts the failure-to-prevent model with the traditional identification doctrine and other rival theories, revealing its relative advantages for addressing wrongdoing associated with medium and large-sized companies. It critically evaluates recent legislative developments, including the Economic Crime and Corporate Transparency Act 2023, and traces the shift in emphasis from classical liberal principles towards a liberal-welfarist framework. Subsequent chapters analyze key defenses to corporate crime and the attribution of wrongdoing to corporate entities. A Theory of Corporate Crime argues that addressing serious corporate wrongdoing requires more than punitive sanctions. Instead of relying solely on punishment, legal systems should prioritize rehabilitating the corporation and promoting its reintegration as a socially responsible corporate citizen.

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9780198936503

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Jeremy Horder, FBA, LLD, is Professor of Criminal Law at the London School of Economics, and an Emeritus Fellow of Worcester College, Oxford. He was a Law Commissioner for England and Wales from 2005-2010, and Edmund Davies Professor of Criminal Law at King's College London (2010-2013). He was Chair of the Faculty of Law, University of Oxford, 1998-2000, and Head of the Department of Law, LSE, 2015-2018. He is an Honorary Bencher of the Middle Temple, and a door tenant at 25 Bedford Row, London (Chambers of Tyrone Smith KC and Nicola Howard KC).

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