We live in an era defined by corporate greed and malfeasance—one in which unprecedented accounting frauds and failures of compliance run rampant. In order to calm investor fears, revive perceptions of legitimacy in markets, and demonstrate the resolve of state and federal regulators, a host of reforms, high-profile investigations, and symbolic prosecutions have been conducted in response. But are they enough? In this timely work, William S. Laufer argues that even with recent legal reforms, corporate criminal law continues to be ineffective. As evidence, Laufer considers the failure of courts and legislatures to fashion liability rules that fairly attribute blame for organizations. He analyzes the games that corporations play to deflect criminal responsibility. And he also demonstrates how the exchange of cooperation for prosecutorial leniency and amnesty belies true law enforcement. But none of these factors, according to Laufer, trumps the fact that there is no single constituency or interest group that strongly and consistently advocates the importance and priority of corporate criminal liability. In the absence of a new standard of corporate liability, the power of regulators to keep corporate abuses in check will remain insufficient. A necessary corrective to our current climate of graft and greed, Corporate Bodies and Guilty Minds will be essential to policymakers and legal minds alike. “[This] timely work offers a dispassionate analysis of problems relating to corporate crime.”—Harvard Law Review
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Private spy Nick Heller is the best lie detector you'll ever meet. Tough, smart and stubborn, Nick Heller prides himself on uncovering the truth. But now he has just forty-eight hours to solve the murder of an innocent woman. Forty-eight hours to force the power-brokers of Washington to give up their secrets... The truth, when it comes, will shock them all. Recent reviews for Joseph Finder: 'Stunning ... I can't remember when I last read a book so gripping and so satisfying' PETER JAMES. 'Smart, swift and well-informed' SCOTT TUROW. 'Terrific' IAN RANKIN. 'A writer at the top of his game' MARK BILLINGHAM. 'Fantastic ... Kept me absolutely on the edge of my seat' MARTINA COLE. 'Timely, twisty and impossible to put down' KARIN SLAUGHTER. 'A masterclass in ratcheting up the tension ... A classy, sophisticated thriller' J.P. DELANEY.
When someone commits a crime, what are the limits on a state's authority to define them as worthy of blame, and thus liable to punishment? This book answers that question, building on two ideas familiar to criminal lawyers: actus reus and mens rea, usually translated as "guilty act" and "guilty mind." In Guilty Acts, Guilty Minds, Stephen P. Garvey proposes an understanding of actus reus and mens rea as limits on the authority of a state, and in particular the authority of a democratic state, to ascribe guilt to those accused of crime. Garvey argues that actus reus and mens rea are necessary conditions for legitimate state punishment. Drawing on the work of political philosophers, moral philosophers, and criminal law theorists, Garvey provides clear explanations of how these concepts apply to a wide variety of cases. The book charges readers to consider practical examples and ask: whatever you believe regarding the justice of the rules, did the state act within the scope of its legitimate authority when it enacted those rules into law? Based on extensive research, this book presents a new theory in which the concepts of actus reus and mens rea mark the limits of state power rather than simply describe the elements of a crime. Making the compelling distinction between legitimacy and justice, Guilty Acts, Guilty Minds provides an important perspective on the limits of state authority.
With wit and intelligence, Leo Katz seeks to understand the basic rules and concepts underlying the moral, linguistic, and psychological puzzles that plague the criminal law. "Bad Acts and Guilty Minds . . . revives the mind, it challenges superficial analyses, it reminds us that underlying the vast body of statutory and case law, there is a rationale founded in basic notions of fairness and reason. . . . It will help lawyers to better serve their clients and the society that permits attorneys to hang out their shingles."—Edward N. Costikyan, New York Times Book Review
As international criminal justice has grown in prominence, so have the challenges facing it. This book discusses the unresolved questions and dilemmas confronted by international war crimes courts. These include the controversies surrounding prosecutorial policy, the tension between peace and justice, and accusations of victor's justice.
A psychiatrist and an internationally recognized expert on violence, Dorothy Otnow Lewis has spent the last quarter century studying the minds of killers. Among the notorious murderers she has examined are Ted Bundy, Arthur Shawcross, and Mark David Chapman, the man who shot John Lennon. Now she shares her groundbreaking discoveries--and the chilling encounters that led to them. From a juvenile court in Connecticut to the psychiatric wards of New York City's Bellevue Hospital, from maximum security prisons to the corridors of death row, Lewis and her colleague, the eminent neurologist Jonathan Pincus, search to understand the origins of violence. GUILTY BY REASON OF INSANITY is an utterly absorbing odyssey that will forever change the way you think about crime, punishment, and the law itself. From the Paperback edition.
When we interact with animals, we intuitively read thoughts and feelings into their expressions and actions - it is easy to suppose that they have minds like ours. And as technology grows more sophisticated, we might soon find ourselves interpreting the behaviour of robots too in human terms. It is natural for us to humanize other beings in this way, but is it philosophically or scientifically justifiable? How different might the minds of animals or machines be to ours? As David McFarland asks here, could robots ever feel guilty, and is it correct to suppose your dog can truly be happy? Can we ever know what non-human minds might be like, or will the answer be forever out of our reach? These are central and important questions in the philosophy of mind, and this book is an accessible exploration of the differing philosophical positions that can be taken on the issue. McFarland looks not only at philosophy, but also examines new evidence from the science of animal behaviour plus the latest developments in robotics and artificial intelligence, to show how many different - and sometimes surprising - conclusions we can draw about the nature of 'alien minds'.
This book is a discussion of the most timely and contentious issues in the two branches of neuroethics: the neuroscience of ethics; and the ethics of neuroscience. Drawing upon recent work in psychiatry, neurology, and neurosurgery, it develops a phenomenologically inspired theory of neuroscience to explain the brain-mind relation. The idea that the mind is shaped not just by the brain but also by the body and how the human subject interacts with the environment has significant implications for free will, moral responsibility, and moral justification of actions. It also provides a better understanding of how different interventions in the brain can benefit or harm us. In addition, the book discusses brain imaging techniques to diagnose altered states of consciousness, deep-brain stimulation to treat neuropsychiatric disorders, and restorative neurosurgery for neurodegenerative diseases. It examines the medical and ethical trade-offs of these interventions in the brain when they produce both positive and negative physical and psychological effects, and how these trade-offs shape decisions by physicians and patients about whether to provide and undergo them.
Cartel regulation is a prime element of competition policy and an essential means of minimising the adverse effects of cartel activity on economic welfare. However, effective cartel regulation poses distinct challenges for governments, competition authorities and commentators across the globe. In Australian Cartel Regulation, leading competition law experts Caron Beaton-Wells and Brent Fisse reflect on developments in anti-cartel law in Australia over the last 30 years. They provide a comprehensive account of the current law on cartels as well as discussing key issues that may arise in the future. This definitive volume not only identifies the practical and theoretical issues, but also recommends workable solutions, and does so with the benefit of comparative analysis of the anti-cartel laws of major overseas jurisdictions. Many of the issues identified and discussed in Australian Cartel Regulation are common to any scheme designed to regulate cartel conduct.