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Corporate Manslaughter: The Realist Theory

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Corporate Manslaughter refers to the decisions undertaken by a company that went wrong either in regards to their execution or due to the existence of some inherent fault or loophole in the decision making and its subsequent execution, resulting in or causing death of a person or persons. A company exists only in the contemplation of the law and thus cannot put behind bars in lieu of punishment hence, what can be imposed on the company is not imprisonment and fine only
Justice Lindley has described the jurisprudential essence of the term company as follows, “A company is an association of persons, these persons contribute money or money’s worth to a common stock” .The common stock so contributed is denoted in money and is called as …show more content…

A group comprising of individuals becomes a unit and thereafter functions as such. The organism Theory with which the relist theory is closely associated states that groups comprising of individuals are in fact persons corresponding biologically to human beings. This justifies the special use of the organism and the implications in regards to the biological comparison cannot therefore lead to absurdity. It is said that they have a real life. Professor Wolff however has critical contentions as he points out that if there is a contract between two companies whereby one company owing to the contentions as such agreed in the contract, is to undergo voluntary liquidation would it then amount to void agreement as an agreement to commit suicide is void ab initio. He states that a group, an institution or an association is said to have a group will which is independent of the will of its component members. He points that the group will is only the result of mutually influenced will or concerted will. Gray quoting Windscheid has said that, to get rid of the fiction of an attributed will by saying that a corporation has real general will, is to drive out one fiction by another. Associated with the realised theory is the institutional theory which is more or less symbolic of a shift in emphasis from an individualist to a

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