The psychology of corporate rights, Journal of Law and Human Behavior
This chapter takes a psychological perspective to examine how individuals make decisions about culpability and punishment of corporations versus people. Drawing on relevant empirical research we make the argument that while corporate crime raises the social need and public demand for retribution and deterrence, it is principally difficult to attribute mental life, character, intention, and hence, culpability to corporate entities. Since the psychology of punishment is more fitting to assess the culpability of individuals, corporations as collective entities are deemed as less responsible and less culpable compared with individuals when conducting equivalent wrongdoings, particularly those that demand intent. At the same time, corporate entities are also seen as less deserving of constitutional rights. These findings carry implications for criminal law and legal design.
Cerf, Moran. 2015. The psychology of corporate rights. Journal of Law and Human Behavior.