Even in relation to financial punishments that can be imposed on a corporation, such as a fine, confiscation or closure, imposing these punishments will eventually lead to a breach of the principle of personal punishments. In other words, some employees who are not involved in the crime will be punished. 2. Approach Supporting Corporate Criminal Liability A realist theory approach supporting corporate criminal liability can be traced back to the jurist, "Johannes Althusius", and was advocated by "Otton Von Gierke", who is recognized for challenging Roman Jurisprudence: "According to this theory, a legal person is a real personality in an extra-juridical and pre-juridical sense of the word. The theory assumes that the subjects of rights are not limited to belong merely to human beings but to every being that possesses a will and life of its own.
He or she would judge that the offender is immoral in some way and, therefore, make a personal judgment that is separate from the law. For these reasons, I believe that moral relativism is ideal for those who work in the field of criminal justice. The law, as it stands, is to be enforced free from the moral judgments of the criminal justice community. A community that bases its morality on personal experience and does not pass judgment on the morality of an offender is a more professional force than a group of people with varying moral views who are tempted to apply a personal system to the enforcement of the
So, the corporation does not exist, if it violates the purpose of its established. Professor "Mestre" stated that the legal personality of the corporation is not general, unlike the legal personality of natural persons. The corporation is confined to the social or economic purposes according to the law that determines their existence and liquidation. The principle of specialization makes the corporation unable to commit crimes, because it does not exist outside the circle of its activity and environment. Further, the jurist “Rassat" observed that the principle of specialization was established in order to prevent corporations from committing crimes and being accountable under criminal law.Representatives or employees of a corporation might commit criminal acts under the corporation’s name and on its account.
INTRODUCTION " Personality is the moral force governing body within the individual of those psychophysical scheme that determine his characteristics behavior and though " (Allport, 1961, p. 28). “A combine of attribute that makes a person unique” (Weinberg & Gould, 1999). One inclusive definition for personality is by Pervin (1996, p.414. pg.3) who cited: " Personality is the intricate associations of insights, influences, and practices that provide guidance and example to the individual 's life. Like the body, Personality comprises of both structures and forms and reflects both nature (qualities) and nurture(understanding).
They can sue, represent in trials etc. But, what does it mean to have a legal personality? Certainly attributing anthropomorphic qualities to an entity does not qualify it to be a legal person as is evident from the fact that a corporation cannot marry, procreate etc. but it still comes
These benefits, however, are available because the corporate structure separates ownership from control. Stockholders, the owners of a corporation, do not directly control the interests of a firm. They hire managers to act on their behalf, the classic principal-agent relationship. However, the relationship is actually a bit more complicated. The owners do not hire the employees of a company themselves.
I - Introduction: The concept of partisanship is longstanding in the legal profession. It holds that a lawyer has a responsibility, to their present client, to promote that client’s interest as far as possible within the bounds of the law . This ‘standard conception’ of lawyers has long since been the outsider’s perspective of the profession. The lawyer as a ‘hired gun’ is the commonly held societal view, one who will act for their client with the vigour of a rabid animal; with little regard for the wider consequences or moral implications of their actions. The theory however does not display a lack of interest in moral matter, rather the amorality principle holds that by being morally neutral, the lawyer achieves moral righteousness ; moral neutrality better enables an attorney to defend a client.
Corporation is legal entity personality means that corporation in the eye of law is considered as a legal person having certain rights and duties which are imposed on that corporation by law, every state has its own separate corporate law through which the corporation governs but certain principles in corporate law is universal and are worldwide like corporation has the right to buy the property and sell the property owned by the corporation if any torts has been committed or any breach of contract has been committed either by the corporation or the counterparty , the corporation can bring a suit against that party and in force contact against the party who has violated any term of the contract if enforceable and if the
Personality, in layman’s term usually involves useful judgments such as social attractiveness of a person. People sometimes used this lay definitions of personality to highlight the features of an individual’s physical appearance and maybe several comments on their way of interactions with others. These definitions are normally associated with our implicit personality theories and elements of folklore within a certain culture are often included. Hence, using these definitions, personality seems to be judged based on social context. However, in psychological term personality is defined as the characteristics, or the distinct qualities in an individual.
Overview of corporate veil piercing It is widely accepted that corporate personality and limited liability are the fundamental principles of company law. Corporate personality recognizes company as a legal entity which is distinct from its owners, members, shareholders and other investors. Meanwhile, as a logical consequence of corporate personality, limited liability or “shareholder immunity”, shields shareholders from the debts and other obligations of the company which exceed their committed investment in the company. These concepts were strongly recognized in the landmark House of Lord’s decision in Salomon v. Salomon & Co. Ltd (“Salomon”). However, in the span of time, the privilege of separate corporate personality and limited liability are misused.