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Right, but one of the issues is that a corporate "person" isn't the same as an individual person, and they don't overlap completely. They are only treated as pe
by bmmayer1 10y ago
Right, but one of the issues is that a corporate "person" isn't the same as an individual person, and they don't overlap completely. They are only treated as persons under the law with regard to certain rights/obligations (sue and be sued, open a bank account, pay taxes, etc). But a corporation isn't a person for purposes of criminal culpability; i.e. you could never arrest a corporation for murder. Though corporations are just groups of individuals who themselves could absolutely be guilty of crimes.
There's a whole section in the Wikipedia article on corporate personhood that addresses these misconceptions[1].
I guess the real world "corporate guillotine" is for a corporation to be sued/fined out of existence or go bankrupt, all of which can happen due to gross negligence, bad behavior, or criminal behavior (see: Gawker Media, Bear Stearns, etc). But obviously jail is reserved for individuals who commit actual crimes, not corporations who are, after all, merely legal vehicles for pooling resources.
[1] https://en.wikipedia.org/wiki/Corporate_personhood#Misconceptions https://en.wikipedia.org/wiki/Corporate_personhood#Misconcep...
- occamrazor 10y agoIn some jurisdictions (e.g. France) corporations can be subjected to criminal prosecution. The penalty can include forced dissolution of the enterprise.
- forgetsusername 10y ago>Though corporations are just groups of individuals who themselves could absolutely be guilty of crimes. ...or completely innocent of crimes. I think it's important to remember that when there's talk about beheading corporate executives (and this isn't the first time I've read that on these forums): people are more likely to be innocent than not.