ABSTRACT

Everything about corporations and corporate liability seems to involve paradoxes and two-way mirrors. The title of this paper aptly demonstrates the skewed thinking that corporate crime can involve. If it is ‘crime’ then surely it should be controlled via ‘criminal’ law? But not everyone thinks so. Khanna for example argues that

If we start with the notion that corporate wrongdoing is not sufficiently deterred at present, then we would want to argue for curtailing corporate criminal liability and increasing the focus on corporate civil liability and managerial liability. This raises serious questions about how we regulate this area.1