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Guilty By Proxy: Expanding The Boundaries Of Responsibility In The Face Of Corporate Crime, Amy J. Sepinwall Nov 2011

Guilty By Proxy: Expanding The Boundaries Of Responsibility In The Face Of Corporate Crime, Amy J. Sepinwall

Amy J. Sepinwall

The BP oil spill and financial crisis share in common more than just profound tragedy and massive clean-up costs. In both cases, governmental commissions have revealed widespread wrongdoing by individuals and the entities for which they work. The public has demanded justice, yet the law enforcement response in both cases has been underwhelming. In particular, no criminal indictments have been sought for any of the corporations responsible for the Macondo oil rig explosion or the Wall Street banks involved in the financial meltdown.

This governmental restraint reflects a deep-seated ambivalence about corporate criminal liability. Though scholars have been debating the …


Citizen Responsibility And The Reactive Attitudes, Amy Sepinwall Dec 2010

Citizen Responsibility And The Reactive Attitudes, Amy Sepinwall

Amy J. Sepinwall

This paper takes seriously the notion that individuals may bear responsibility for the transgressions of their group even where they do not bear the hallmarks of individual culpability. More specifically, I contend that citizenship itself can ground responsibility for the crimes of one’s nation-state, and I advance this contention in the context of a discussion about Americans’ responsibility for abuses committed in the course of the war in Iraq.

Moreover, the kind of responsibility I have in mind is not simply the forward-looking variety, which is what many forms of civil liability and reparations programs contemplate; nor is it simply …