ABSTRACT
The problem of individual-organisational interactions and of allocating responsibility for such activities most obviously presents the choice between ‘classic’ individual responsibility (human individuals acting qua human individuals) and organisational responsibility based upon the organisation as a single autonomous actor. Less obvious is the resolution of individualorganisational interactions by working out a form of individual responsibility which derives essentially from involvement in a collective enterprise. Here we have the idea of the joint delinquent enterprise (such as the joint criminal enterprise in war crimes trials, or the business cartel in European competition proceedings) which provides the legal basis for a participatory individual responsibility. For this purpose, it is important to distinguish both ‘predicate’ individual offending and any organisational offending from such a third category of participatory conduct. This form of individual responsibility, which appears increasingly significant in contemporary legal ordering, brings together elements of the individual and the collective in such a way as to resolve some of the dilemma of how to respond to individual-organisational interactions.
