This is an essay about the philosophical and practical problems associated with the concept of punishment for corporations that have grievously broken the law. It is specifically an essay about the special incentives that the U.S. Government has put in place to encourage American corporations to create comprehensive ethics programs and observe them faithfully. First, I will look at the sorts of obstacles to effective punishment of recalcitrant corporations that eventually prompted extraordinary measures by the U.S. Government. Then I will (...) present a detailed description of the Federal Sentencing Guidelines which took effect on November 1, 1991, describe what they entail, examine what purposes for which they were intended and question how likely they will be to accomplish their objectives. Finally, we will raise the question whether such policies will help further corporate social responsibility and ethical conduct in the workplace. (shrink)

Corporate Punishment: A Proposal is an exercise in logic and creative thinking. I shall argue that no good reasons exist for the supposition that corporations have rights independent of the rights and interests of the persons they serve and that the error of treating corporations as though they do have autonomous rights derives from a sloppy argument from analogy. I shall further argue that the analogy of corporations to citizens, though pushed too far by some courts and lawmakers, remains a (...) useful analogy if its logical relations can be cleaned up and clarified. Finally, I shall conclude this essay by employing the refurbished analogy in such a way that it yields a proposal for more effective criminal punishment for corporate wrongdoing. (shrink)