scholarly journals When the company causes harm: Effective corporate sentencing in a justice system based on individual fault

2021 ◽  
Author(s):  
◽  
Henry Graham
Keyword(s):  
Justice System ◽  
Health And Safety ◽  
Starting Point ◽  
Artificial Nature ◽  
Corporate Liability ◽  
A Company ◽  
Financial Penalty

<p>The imposition of corporate liability is problematic in terms of both conviction and sentencing. Once convicted, it is still difficult to effectively sanction a corporation, as the artificial nature of the entity means it cannot be imprisoned. This problem is illustrated by the Pike River disaster and the relevant corporation’s conviction for nine health and safety offences. In that case, the defendant was insolvent, so no effective financial penalty could be imposed. This paper will consider the range of sanctions that could be used to effectively punish a guilty corporate defendant. A starting point for corporate sentencing would be the imposition of a financial penalty (both reparation orders and fines). However, if the company is insolvent, this may be ineffective. There are several mechanisms which could be used to overcome the issue of insolvency, but the court should also consider various non-financial penalties and the imposition of sanctions against individuals. The court may be able to adequately punish a company if a variety of penalties is used.</p>

scholarly journals When the company causes harm: Effective corporate sentencing in a justice system based on individual fault

2021 ◽  
Author(s):  
◽  
Henry Graham
Keyword(s):  
Justice System ◽  
Health And Safety ◽  
Starting Point ◽  
Artificial Nature ◽  
Corporate Liability ◽  
A Company ◽  
Financial Penalty

<p>The imposition of corporate liability is problematic in terms of both conviction and sentencing. Once convicted, it is still difficult to effectively sanction a corporation, as the artificial nature of the entity means it cannot be imprisoned. This problem is illustrated by the Pike River disaster and the relevant corporation’s conviction for nine health and safety offences. In that case, the defendant was insolvent, so no effective financial penalty could be imposed. This paper will consider the range of sanctions that could be used to effectively punish a guilty corporate defendant. A starting point for corporate sentencing would be the imposition of a financial penalty (both reparation orders and fines). However, if the company is insolvent, this may be ineffective. There are several mechanisms which could be used to overcome the issue of insolvency, but the court should also consider various non-financial penalties and the imposition of sanctions against individuals. The court may be able to adequately punish a company if a variety of penalties is used.</p>

The Decision of the General Meeting of Members in a Non-Public Business Company: Concept and Types

2020 ◽  
Vol 2 (2) ◽  
pp. 148-169
Author(s):  
V. K. Andreev ◽  
◽  
V. A. Kondratiev ◽  
Keyword(s):  
Civil Rights ◽  
General Meeting ◽  
Business Community ◽  
Positive Law ◽  
State Register ◽  
Business Results ◽  
Starting Point ◽  
Business Entities ◽  
State Registration ◽  
A Company

Introduction. The article examines the features of holding general meetings of members in non-public business companies, in particular questions about the place of decisions of general meeting in the system of legal facts, their relationship with the deal and the contract. The ability to use digital technology in decision making. Theoretical Basis. Methods. The article is based on an analysis of the norms of positive law, primarily the Civil Code and the Laws on Company Business. Results. The authors conclude that the starting point in the activities of a non-public business company is the acquisition and exercise of their civil rights and the fulfilment of duties, and not a legal relationship that includes civil rights and civil duties as a necessary element. In addition, the decision of a general meeting, despite having many features in common, is not a deal. The decision of a general meeting, acting as an act of individual regulation, is in fact an act of a legal entity, and not a decision of the business community. The authors proposed a classification of decisions of meetings of business entities, depending on the method of their adoption, the possibilities being: the unanimously adoption by all participants of the company; decisions of the meeting of members of a company being adopted by a majority, or a qualified majority, of votes; decisions of the meeting of members of a company to change its charter, reorganization and liquidation of the company, requiring state registration in the unified state register of legal entities. The decision of a general meeting can be made either in person or in absentia, or a combination of the two. The decision of the meeting adopted in absentia will be valid, despite the absence of any special document establishing the procedure for its adoption. Discussion and Conclusion. Decisions of general meetings are actions of participants in a business company concerning legal consequences, including civil rights and obligations, in cases specified by law, and binding on all persons entitled to participate in the meeting, as well as other persons, whether required by law or having some other involvement.

scholarly journals The Implications of the COVID-19 Pandemic on Religious Exercise: Preliminary Remarks

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 44
Author(s):  
Adelaide Madera
Keyword(s):  
Global Health ◽  
Health And Safety ◽  
Fundamental Rights ◽  
Special Issue ◽  
Health Crisis ◽  
Personal Lives ◽  
Regulatory Frameworks ◽  
Starting Point ◽  
Legal Contexts

Since 2020, the spread of COVID-19 has had an overwhelming impact not only on our personal lives, but also on domestic regulatory frameworks. Influential academics have strongly underlined that, in times of deep crisis, such as the current global health crisis, the long-term workability of legal systems is put to a severe test. In this period, in fact, the protection of health has been given priority, as a precondition that is orientating many current legal choices. Such an unprecedented health emergency has also raised a serious challenge in terms of fundamental rights and liberties. Several basic rights that normally enjoy robust protection under constitutional, supranational, and international guarantees, have experienced a devastating “suspension” for the sake of public health and safety, thus giving rise to a vigorous debate concerning whether and to what extent the pandemic emergency justifies limitations on fundamental rights. The present paper introduces the Special Issue on “The crisis of the religious freedom during the age of COVID-19 pandemic”. Taking as a starting point the valuable contributions of the participants in the Special Issue, it explores analogous and distinctive implications of the COVID-19 pandemic in different legal contexts and underlines the relevance of cooperation between religious and public actors to face a global health crisis.

scholarly journals A NEW CONCEPTUAL MODEL FOR THE DEVELOPMENT OF PROCESS TECHNOLOGY IN PROCESS INDUSTRY: A POINT OF DEPARTURE FOR THE TRANSFORMATION OF THE "PROCESS DEVELOPMENT PROCESS" INTO A FORMAL WORK PROCESS?

2000 ◽  
Vol 04 (03) ◽  
pp. 319-346 ◽  
Author(s):  
THOMAS LAGER
Keyword(s):  
Conceptual Model ◽  
Development Process ◽  
Process Development ◽  
Process Industry ◽  
Process Technology ◽  
Work Process ◽  
Starting Point ◽  
Three Phase ◽  
Further Development ◽  
A Company

In an exploratory survey to R&D managers in different sectors of European Process Industry, the importance and present use of a formal work process for process development has been studied. A new conceptual three-phase model for the "process development process", including the identification of production needs, process development and transfer of results to production, was also tested. The results show that only 44% of the companies in the study presently use a formal work process for process development, but the need for such a process is considered to be high. Good support was given for the new conceptual model as a starting point for further development of a company-specific "process development process".

scholarly journals ANÁLISE ANTROPOMÉTRICA DE TRABALHADORES EM ATIVIDADES DE IMPLANTAÇÃO FLORESTAL

FLORESTA ◽  
2013 ◽  
Vol 43 (4) ◽  
pp. 525 ◽  
Author(s):  
Eduardo Silva Lopes ◽  
Pedro Caldas Britto ◽  
Erivelton Fontana Laat ◽  
Nilton César Fiedler ◽  
Thabata Palma Vieira
Keyword(s):  
Health And Safety ◽  
Anthropometric Measurements ◽  
Anthropometric Measures ◽  
Health Safety ◽  
Hands And Feet ◽  
A Company ◽  
Improve Health

O objetivo deste trabalho foi realizar uma análise antropométrica de trabalhadores em atividades de implantação florestal, visando a melhoria das condições de saúde e segurança. Medidas antropométricas estáticas foram obtidas em uma amostra de 250 trabalhadores florestais que atuavam em uma empresa localizada no estado do Paraná. Os dados foram obtidos na posição em pé, sentado, da cabeça, das mãos e dos pés e analisados por meio do cálculo de percentis. Foram determinados os padrões antropométricos dos trabalhadores florestais, os limites mínimos e máximos das variáveis, e definidas as suas aplicações no dimensionamento de postos de trabalho, equipamentos e algumas ferramentas utilizadas em atividades de implantação florestal. Alguns resultados foram aplicados na análise de uma plantadora e adubadora, sendo que as medidas de altura e comprimento da pega das hastes da plantadora e adubadora não estavam compatíveis com as variáveis antropométricas dos trabalhadores no percentil de 95%, necessitando de ajustes nas ferramentas para evitar problemas de desconforto no trabalho e possíveis danos à saúde e segurança dos trabalhadores.Palavras-chave: Implantação florestal; antropometria; saúde; segurança. AbstractAnthropometric analysis of workers in forest planting operations. This research aims to evaluate the anthropometric measures of the workers in forest planting operations, to improve health and safety conditions. We obtained static anthropometric measurements from a sample of 250 forest workers who worked in a company located in Paraná State. The data obtained refers to standing and sitting positions, besides head, hands and feet and analyzed by percentile calculations. It was determined the anthropometrics patterns of workers, the minimum and maximum limits of the variables and select their applications in the design of jobs, equipment and some tools for forest planting activities. Measurements of height and length of the handle stem planter and fertilizer weren´t compatible with the anthropometric variables of workers at the 95% percentile, requiring adjustments to avoid problems of discomfort at work and possible damage to the health and safety of workers.Keywords: Forest planting; anthropometry; health; safety.

scholarly journals British law on corporate bribery

2015 ◽  
Vol 22 (1) ◽  
pp. 16-27 ◽  
Author(s):  
Jonathan Mukwiri
Keyword(s):  
Criminal Liability ◽  
Company Law ◽  
Content Type ◽  
Secondary Sources ◽  
Regulatory Strategy ◽  
Regulatory Approach ◽  
Corporate Criminal Liability ◽  
Corporate Liability ◽  
A Company

Purpose – This paper aims to assess the effectiveness of the Bribery Act 2010 in curbing corporate bribery. Design/methodology/approach – The paper takes a doctrinal focus in assessing UK bribery law using both primary and secondary sources. Findings – This paper finds that the effectiveness of the Bribery Act 2010 in curbing bribery lies in its approach of changing the basis for corporate criminal liability from focusing on the guilt of personnel within the company to focusing on the quality of the system governing the activities of the company. Companies have to address the risks of bribery or risk facing liability for failure to prevent bribery. With its regulatory approach to corporate liability, coupled with its extraterritorial reach, the Bribery Act is likely to change business cultures that facilitate bribery, thereby proving an effective law to corporate bribes. Originality/value – This paper highlights the deficiency of earlier laws in tackling corporate bribery, examines the crime of bribery from a company law perspective and argues that the regulatory strategy in the Bribery Act is likely to be an effective tool against bribery.

Quantitative Risk Management Models for Newsvendor Supply Chains

2011 ◽  
pp. 155-170
Author(s):  
Dimitrios Vlachos
Keyword(s):  
Risk Management ◽  
Supply Chain ◽  
Supply Chains ◽  
Stochastic Environment ◽  
Supply Chain Disruptions ◽  
Supply Chain Networks ◽  
Starting Point ◽  
The Impact ◽  
A Company

As the practices of offshoring and outsourcing force the supply chain networks to keep on expanding geographically in the globalised environment, the logistics processes are becoming more exposed to risk and disruptions. Thus, modern supply chains seem to be more vulnerable than ever. It is clear that efficient logistics risk and security management emerges as an issue of pivotal importance in such competitive, demanding and stochastic environment and is thus vital for the viability and profitability of a company. In this context, this chapter focuses on a set of stochastic quantitative models that study the impact of one or more supply chain disruptions on optimal determination of single period inventory control policies. The purpose of this research is to provide a critical review of state-of-the-art methodologies to be used as a starting point for further research efforts.

4. Strict, vicarious, and corporate liability

2020 ◽  
pp. 84-98
Author(s):  
Nicola Monaghan
Keyword(s):  
Criminal Liability ◽  
Strict Liability ◽  
Mens Rea ◽  
Legal Knowledge ◽  
Criminal Offence ◽  
Vicarious Liability ◽  
Key Points ◽  
Corporate Liability ◽  
A Company

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the three special forms of criminal liability: strict liability (including absolute liability), vicarious liability, and corporate liability. A strict liability offence is an offence which does not require proof of at least one mens rea element. An absolute liability offence does not require proof of any mens rea elements. Vicarious liability imposes liability on the defendant for the acts or omissions of another person. Corporate liability relates to the liability of a company for a criminal offence.

An examination of the quality of social and environmental disclosures by Nigerian oil companies

2016 ◽  
Vol 16 (2) ◽  
pp. 400-419 ◽  
Author(s):  
Odhiambo Odera ◽  
Albert Scott ◽  
Jeff Gow
Keyword(s):  
Large Scale ◽  
Health And Safety ◽  
Annual Reports ◽  
Content Type ◽  
Oil Companies ◽  
Environmental Disclosures ◽  
Oil Company ◽  
A Company ◽  
Tests For Normality

Purpose This study seeks to examine the quantity and quality of social and environmental disclosures (SEDs) of Nigerian oil companies. The study aims to analyse SED activities as reported by the oil companies in their annual reports. Design/methodology/approach The study analyses annual reports through content analysis. SED quantity is measured by alternative two units: number of sentences and number of pages. A two-point scale system to assess SED quality is used as follows: 1 = if SED is quantitative and reports specific activities of a company concerning its social and environmental responsibility; 0 = otherwise. Correlation analysis is performed among the different SED categories to identify the relationships among them. Kolmongrov–Smirnov and Shapiro–Wilk tests for normality are utilised. Findings SED activities are reported by most of the companies, and by quantity, employee information is found to be the most common type of disclosure. SED quantity and quality in the environment category is found to be overwhelmingly low despite the large-scale public concern expressed about the levels of the environmental degradation caused by oil company operations. Research limitations/implications The data collected for this study are based on one country, which controls diversity but limits the generalizability of the findings. The study is limited by the sample which includes mainly quoted companies, as they are believed to make improved disclosures because of their investor orientation and statutory obligations. Originality/value The study extends SED research by focusing on social disclosures such as employee-, community- and health- and safety-related disclosures. The study also investigates the motivations of SED providers and establishes a link between stakeholder demands/engagement and the level of disclosure.

Punishment: Civil Style — A Comment

1991 ◽  
Vol 25 (3-4) ◽  
pp. 779-791
Author(s):  
Stephen Goldstein
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Good Friend ◽  
Complete Agreement ◽  
Punitive Damages ◽  
Civil Justice ◽  
Social Betterment ◽  
Starting Point ◽  
Definition Of

I am honoured and pleased to comment on the paper on “Punishment Civil Style” by my good friend Marc Galanter, with whose basic thesis I am in complete agreement. I would take as my starting point and, indeed, emphasize, Galanter's definition of punishment as the “imposition of a harm, injury, deprivation or other bad thing on someone on the ground of some commission of some offence. The infliction of harm on the offender may be viewed as a goal (or a proximate to a goal of justice) or it may be viewed instrumentally as a mean to social betterment through rehabilitation, incapacitation, deterrence, reassurance, and so forth”.Galanter well points out that, as such, punishment is not limited to the criminal justice system, but is employed also in other societal systems, including that of civil justice.Yet, I fear that he may mislead us in focusing in his paper so heavily on punitive damages, which he maintains “are the most visible and clearly legitimated manifestation” of the principle of “civil punishment”.

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