Crown Resorts and the Im/moral Corporate Form

Crofts, P

Crown Resorts and the Im/moral Corporate Form

Crofts, P

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Publisher:: Hart
Publication Type:: Chapter
Citation:: The Culpable Corporate Mind, 2023, pp. 55-76
Issue Date:: 2023-05-04

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Field	Value	Language
dc.contributor.author	Crofts, P https://orcid.org/0000-0002-6018-7159
dc.contributor.editor	Bant, E
dc.date.accessioned	2023-06-26T05:20:04Z
dc.date.available	2023-06-26T05:20:04Z
dc.date.issued	2023-05-04
dc.identifier.citation	The Culpable Corporate Mind, 2023, pp. 55-76
dc.identifier.isbn	9781509952380
dc.identifier.uri	http://hdl.handle.net/10453/170877
dc.description.abstract	This chapter maps the philosophical requirements of moral agency onto criminal legal doctrinal categories through the case study of Crown to explore the moral and legal responsibility of corporations. These three core requirements of moral agency are: the agent-choice requirement – the corporation as a distinct moral agent that faces normatively significant choices; the control requirement – the corporation has power over the choice between certain actions; and good judgement – the corporation can form and access judgements in its own right, and possesses a regulative capacity that governs the ways these intentions inform and motivate actions in a way that conforms to certain rational and epistemic standards. These fundamentals of what makes moral agents are a means of considering whether corporations can be moral agents and of analysing existing criminal legal doctrinal requirements as they apply to corporations. I consider the requirements of moral agency through the lens of criminal law and apply these insights to Crown Resorts in order to provide a concrete example.
dc.format.extent	20
dc.language	en
dc.publisher	Hart
dc.relation	http://purl.org/au-research/grants/arc/DE180100577
dc.relation.ispartof	The Culpable Corporate Mind
dc.rights	info:eu-repo/semantics/embargoedAccess
dc.title	Crown Resorts and the Im/moral Corporate Form
dc.type	Chapter
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	open_access	*
pubs.consider-herdc	true
utslib.copyright.embargo	2023-11-04T00:00:00+1000Z
pubs.publisher-url	https://www.bloomsbury.com/au/culpable-corporate-mind-9781509952397
dc.date.updated	2023-06-26T05:20:03Z
pubs.place-of-publication	Oxford
pubs.publication-status	Published
dc.location	Oxford

Abstract:

This chapter maps the philosophical requirements of moral agency onto criminal legal doctrinal categories through the case study of Crown to explore the moral and legal responsibility of corporations. These three core requirements of moral agency are: the agent-choice requirement – the corporation as a distinct moral agent that faces normatively significant choices; the control requirement – the corporation has power over the choice between certain actions; and good judgement – the corporation can form and access judgements in its own right, and possesses a regulative capacity that governs the ways these intentions inform and motivate actions in a way that conforms to certain rational and epistemic standards. These fundamentals of what makes moral agents are a means of considering whether corporations can be moral agents and of analysing existing criminal legal doctrinal requirements as they apply to corporations. I consider the requirements of moral agency through the lens of criminal law and apply these insights to Crown Resorts in order to provide a concrete example.

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http://hdl.handle.net/10453/170877