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Corporate Essence and Identity in Criminal Law

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  • Mihailis E. Diamantis

    (University of Iowa)

Abstract

How can we know whether we are punishing the same corporation that committed some past crime? Though central to corporate criminal justice, legal theorists and philosophers have yet to address the basic question of how corporate identity persists through time. Simple cases, where crime and punishment are close in time and the corporation has changed little, can mislead us into thinking an answer is always easy to come by. The issue becomes more complicated when corporate criminals undergo any number of transformations—rebranding, spinning-off a division, merging, changing ownership, changing management, swapping lines of business, etc. These changes are common among all corporations, including those trying to conceal or limit liability for past crimes. This article takes a first step toward developing a workable and philosophically satisfying theory of corporate personal identity and discusses its prospects for fulfilling the retributive, rehabilitative, and deterrent purposes of criminal law.

Suggested Citation

  • Mihailis E. Diamantis, 2019. "Corporate Essence and Identity in Criminal Law," Journal of Business Ethics, Springer, vol. 154(4), pages 955-966, February.
    • Handle: RePEc:kap:jbuset:v:154:y:2019:i:4:d:10.1007_s10551-018-3892-4
    DOI: 10.1007/s10551-018-3892-4
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    References listed on IDEAS

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    1. Andrea Pérez & Ignacio Rodríguez del Bosque, 2012. "The Role of CSR in the Corporate Identity of Banking Service Providers," Journal of Business Ethics, Springer, vol. 108(2), pages 145-166, June.
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