Authors: Celia Wells
ISBN-13: 9780198267935, ISBN-10: 0198267932
Format: Hardcover
Publisher: Oxford University Press, USA
Date Published: August 2001
Edition: 2ND
Celia Wells is professor of law at Cardiff University where she has taught and researched since 1986. In 2001 she held a visiting position as PriceWaterhouseCoopers Legal Chair in Women and the Law at the University of Sydney. Her research has mainly focused on criminal law, in particular the criminal liability of corporations (Corporations and Criminal Responsibility 1993 (OUP)). Reflecting her interest in issues of risk and blame, Celia Wells has also published Negotiating Tragedy (1995) a study of the law relating to disasters. With Nicola Lacey, she is co-author of Reconstructing Criminal Law (2nd edition 1998), a student text which draws on a wide range of contextual material and adopts an explicitly feminist perspective.
Previous appointments-University of North London 1973-5
University of Newcastle upon Tyne 1977-86
Cardiff University 1986.
Gathering ideas from a wide range of literature, this book argues that there is no magic answer to corporate power, to issues of personal safety, and their inter-relationship with criminal law and justice. This edition has been revised and updated, taking account of the burgeoning scholarly literature. Yet, it remains distinctive in combining legal analysis and discussion of law reform debates with a theoretical account of the relationship between legal institutions and the role of risk and blame in shaping criminal law and the practices of the criminal justice system.
Table of Cases | ||
Table of Statutes | ||
1 | Safety and Public Welfare | 1 |
1 | Regulatory offences | 3 |
2 | Real crime and real persons | 5 |
3 | Corporations and crime | 8 |
2 | The role of criminal law | 13 |
1 | Why criminal law? | 14 |
2 | Theories of punishment | 18 |
3 | Crime and regulation | 21 |
4 | Corporate Sanctions | 31 |
3 | Attribution of responsibility | 40 |
1 | Social constructions of crime | 40 |
2 | Blame attribution | 43 |
3 | Cause and blame | 46 |
4 | Institutional influences | 53 |
4 | Criminal responsibility and the corporate entity | 63 |
1 | Notions of criminal responsibility | 64 |
2 | Culpability and strict liability | 67 |
3 | Groups, associations, and corporations | 70 |
4 | The corportate entity | 74 |
5 | Corporate liability in England and Wales | 84 |
1 | Histrical development | 86 |
2 | Corporate liability - a maturing idea | 99 |
6 | Corporate manslaughter | 106 |
1 | Key developments | 106 |
2 | Culpability and risk | 115 |
3 | Unlawful act manslaughter - the forgotten question | 117 |
4 | Corporate killing - a proposed offence | 120 |
7 | Comparative and international solutions | 127 |
1 | Comparative cautions | 128 |
2 | Common law variations | 129 |
3 | Civil law changes | 138 |
4 | Convergence | 140 |
8 | The responsible corporation | 146 |
1 | The corporate organization | 146 |
2 | Strict (vicarious) liability versus due diligence | 152 |
3 | People, systems, and culture | 154 |
4 | Individual liability | 160 |
5 | The responsible corporation | 164 |
Bibliography | 169 | |
Index | 185 |