Models for Imposing Corporate Criminal Liability: From Adaptation and Imitation Toward Aggregation and the Search for Self-Identity

Abstract

A. Criminal Liability: Basic Trends of Development.......642 B. Models of Adaptation and Imitation: The Familiar Methods for Imposing Corporate Liability 650 1. The Doctrine of Vicarious Liability 651 2. The Doctrine of Direct Liability (The Theory of Corporate Organs) 655 C. The Aggregation Model: The Idea of Collective Knowledge 661 1. The Origin and Substance of the Model 661 2. The Boundaries of the Aggregation Model 666 (a) Collective Knowledge and Collective Criminal Intent 666 (b) Indeed Willful Blindness? 670 3. The Aggregation Model: Questions and Hesitations 672 D. The Model of Separate Self-Identity: Beginnings.......677 1. The Model of Self-Identity and Previous Models 678 2. Developing the Self-Identity Model: Background 683 3. The Model of Self-Identity: Assumptions and Characteristics 686 4. Self Identity and Criminal Culpability 690 (a) The Underlying Assumptions of the Model 690