1st Edition

Criminal Enterprise

By Christopher Harding Copyright 2007
    304 Pages
    by Willan

    304 Pages
    by Willan

    This is a study of agency in the field of criminal liability, considering the respective roles of individuals and organisations and the allocation of criminal responsibility to these different kinds of actor. The issue of criminal responsibility, which is informed by both the sociological analysis of conduct and by ethical considerations of responsibility, provides an important and revealing focus for discussion. Criminal Enterprise analyses criminal responsibility through three main types of organisation: corporate actors in the field of business activity, states and governments, and delinquent or criminal organisations; each of which is of contemporary significance. This analysis focuses on three particular issues:

    • the theory of individual and corporate (or organisational) responsibility
    • the attribution of legal personality, as a particular form of identity, in theory and across jurisdictions and legal orders
    • the internal practice and operation of complex organisations and corporate actors and how an understanding of this sociology of organisations should be used in the construction of legal agency in the field of criminal law.

    Preface  1. Introduction: searching for the responsible criminal actor  Part I: Theory - the individual-organisation dilemma  Introductory note  2. The organisation in contemporary society  3. Agency: the philosophy of the collective  4. Legal routes to responsibility  5. Models of responsibility  Part II: Contexts - paradigmatic sites for individual and organisational interaction  Introductory note  6. Human or corporate? Allocating responsibility for business conspiracy  7. Delinquency within structures of governance  8. The legal control of criminal organisations  Part III: Criminal organisation and criminal enterprise  Introductory note  9. The organisation as an autonomous criminal actor  10. The criminal enterprise as facilitating framework


    Christopher Harding is Professor of Law at Aberystwyth University, Wales.