NCJ Number
88683
Date Published
1982
Length
18 pages
Annotation
Although the individualistic orientation of civil and criminal law has not been easily reconciled with the actions of modern corporations, appellate courts have continuously expanded the liability of the corporate actor in accordance with environmental conditions and society's definitions of unacceptable behavior.
Abstract
The data used for this investigation of the evolution of corporate liability in the United States came from all cases heard on appeal by State and Federal courts for which an opinion was recorded. The study is exhaustive of those cases that comprise the data used by the courts to shape the contemporary rule of law. The response of the law to the corporation provides a particularly good arena for examining the processes by which society shapes and reshapes its moral boundaries. Civil and criminal law proceeded the development of the modern corporation, with its complex organization and human agents not readily identifiable as responsible for damaging actions attributable to corporations. For centuries, the law has attempted to resolve the dilemma of corporate liability with case-by-case assertions of the parameters of corporate liability. By 1979, the year of the most recent case in the search of appellate cases, the nature of the historical trend was clear. The evolution of corporate criminal liability had been a continuous extension of legal responsibility for nonfeasance, misfeasance, and crimes requiring intent. The concept of corporate criminality began with the issue of the liability of corporations for public nuisance, an issue settled by imputing corporate liability, and ultimately applying to both nonfeasance and misfeasance. By 1979, corporate criminal liability had been sustained for a host of corporate actions. A list of cases and six references are provided.