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Companies are not able to ‘think’ per se, and the courts avoided this problem by searching for a particular company member who directs the company’s ‘mind and will’. This approach was adopted in relation to all offences that were not based on vicarious liability.However, it has been recognised that the identification doctrine loses force when considered in the context of large companies, within which decisions are typically made by several different individuals rather than a single member. The attribution of blame in such cases is problematic because they are rooted in ambiguous hierarchies, meaning that a single individual cannot easily be identified.
This book takes you through all the elements needed for a successful dissertation proposal and dissertation.
The book explains the sections required for both proposal and dissertation, and offers helpful downloadable templates to assist with the presentation.
Clarkson for example argues that is problematic because it ‘still requires an individual to be identified within the corporate structure whose acts and knowledge can be attributed to the company’. It has also been argued that, while companies are essentially ‘only metaphysical entities’, they can still be held liable if their ‘rules, policies and operational procedures’ indicate the requisite level of Such an approach essentially avoids the application of the strict identification doctrine, because it applies an extreme form of the aggregation principle. It may therefore be argued that enforcing an approach based upon the aggregation doctrine would ease the problems posed by the identification doctrine, providing a potential alternative to the approach that is currently adopted in the UK. In an attempt to adopt a more suitable approach towards corporate liability, the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007) was implemented. Under the Act, the statutory offence of corporate manslaughter is created, and the common law offence of corporate manslaughter following gross negligence is abolished.
Attention is directed towards the cause of death, requiring that the management of the activities of the company have brought it about, and that it amount to a gross breach of duty of care owed to the deceased. Most importantly, liability for the offence cannot be imposed upon an individual, which has attracted much academic praise. Liable companies may be fined, and/or issued with a remedial and/or publicity order, indicating the Act’s modernised and more appropriate approach towards corporate crime, as has been recognised in existing literature. Slye has for example noted that, because it attaches primary importance to a company’s systems as causative of a crime, the number of individuals implementing the system becomes irrelevant. The company system itself is examined, meaning that attention is directed towards relevant issues, and the imposition of liability under the Act depends upon ‘a form of ameliorated aggregation’. Furthermore, management failure remedies problems posed by the identification doctrine, because the involvement and participation of senior managers only need to form a substantial and not a complete proportion of the breach of duty of care. Therefore, when employees and non-senior members participate, the imposition of criminal liability will not be frustrated and the manager’s role will not be undermined in relation to the practice of proving liability. The CMCHA 2007 has also been criticised by academics, mainly on the basis that it has not clarified what a non-senior member actually is, particularly an employee. This means that companies could outsource any important decisions that run a high risk of causing death, meaning that they may not be attributed to any particular, identifiable members.
As your dissertation is a larger piece of writing you should have a title page.
Descriptive Essay Club - Proposal Dissertation Sample
Your School should provide you with a standard Solent University dissertation cover.
The current law, and cases pertaining to it, will be critically explored, in order to determine how criminal liability is imposed, and the components underlining it.
The law will then be critically analysed, drawing upon various viewpoints set forth in existing literature and textbooks. Sample Undergraduate 2:1 Law Dissertation Proposal [Internet]. [Accessed 6 September 2019]; Available from: https://
Reason for instance notes that ‘most accident sequences, like the road to hell, are paved with good intentions – or with what seemed like good ideas at the time’. It is therefore necessary to explore the concept of corporate liability from various perspectives, and in relation to different types of criminal conduct, including manslaughter, environmental crimes, and fraud.
The research will be based primarily on qualitative data, using primary sources such as legislation and case law, and secondary sources such as journals, textbooks and government reports.