Corporate Culpability and the Limits of Law
本文回顾了四种企业罪责模型，指出它们超出了现行法律范围，并提出一种基于客观与主观合理性判断的建构性企业过错概念，最后探讨了该概念与问责制企业责任模型的关系。
Ethicists and legal theorists have proposed models of corporate culpability that shift the standard of guilt determination from vicarious attribution of individual action and intention to an assessment of culture, policies, as well as organizational action and inaction. This paper briefly reviews four prominent models of corporate culpability, arguing that each makes claims that extend well beyond the limits of existing law. As an alternative to these models, a constructive corporate fault is described that relies on both objective and subjective reasonableness judgments. The paper concludes with a consideration of constructive corporate fault in relation to an Accountability model of corporate liability.