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Title: Corporate criminal liability and Scots law : the lessons of Anglo-American jurisprudence
Author: Mays, Richard
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 1998
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My thesis is a relatively straight forward one. It is that the jurisprudence on the topic of corporate criminal liability is underdeveloped in Scotland and that there are many lessons to be learnt from the common law jurisdictions in the promulgation of any future comprehensive legal framework adopted in Scotland. Drawing from literature from the Anglo-American systems, I have sought to offer a comprehensive treatment of the subject and how it might be applied in a Scottish context. At the same time, I have analysed all the available jurisprudence both in Scotland and elsewhere in an effort to identify all the relevant issues which require to be addressed in developing a new Scottish framework. The study attempt to be one of black letter law, but is a much wider treatment of the subject encompassing jurisprudential, criminological, phenological, philosophical and organisational issues. Corporate crime, as the student all too readily becomes aware, is a complex subject. It is not just about corporations and criminal law. A deeper understanding of other issues is required to appreciate the intricacies and complexities of a subject which is attracting ever increasing attention. It is my hope that this thesis is testimony both to the breadth of the subject and my efforts to master it. Indeed my opening chapter attempts to tease out the diffuse preliminary issues which one confronts in addressing the subject. They are often issues which sit ill at ease with each other and in some respects the chapter is not the most fluid one ever written. Such is the breadth of the subject it is difficult to know where to start. Does one start with the components of the subject - corporations or criminal law or does one explain the nature of the subject of corporate crime ? I for my part have attempted to bring together what I believe are crucial preliminaries. Chapter 2 is altogether more unitary seeking to analyse the basis of attribution of criminal liability to the corporation. The movement from atomistic conceptions of liability to a holistic basis is discussed and indeed supported. In chapter 3 I seek to cover one of the major controversies of corporate criminal liability - the dichotomy of individualism versus collectivism.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available