Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
“Willing Victims” And “Innocence Unguarded”?: Ambiguous Volition, Perishable Promises, And Disavowed Consent In Fielding’S Amelia, Nicole M. Wright
“Willing Victims” And “Innocence Unguarded”?: Ambiguous Volition, Perishable Promises, And Disavowed Consent In Fielding’S Amelia, Nicole M. Wright
Studio for Law and Culture
This paper examines Henry Fielding’s novel Amelia (1751) as a prescient literary contemplation of the temporality of consent. The novel’s preoccupation with impulsive consent and fluctuations of intention is set against a background of shifting legal standards concerning the imperishability of consent. Characters feel bound by norms discouraging the retraction of consent. Amelia’s private sexual episodes prepare the reader to deliberate over crises of accountability in non-sexual public settings (the criminal justice system, the gambling den, Vauxhall, and elsewhere). Modern-day legislation and university sexual codes enshrining the stepwise gauging of consent derive from such early reappraisals of the duration of …
Responsible Shares And Shared Responsibility: In Defense Of Responsible Corporate Officer Liability, Amy J. Sepinwall
Responsible Shares And Shared Responsibility: In Defense Of Responsible Corporate Officer Liability, Amy J. Sepinwall
Studio for Law and Culture
When a corporation commits a crime, whom may we hold criminally liable? One obvious set of defendants consists of the individuals who perpetrated the crime on the corporation’s behalf. But according to the responsible corporate officer (RCO) doctrine – a doctrine that is growing more widespread – the state may also prosecute and punish those corporate executives who, although perhaps lacking “consciousness of wrongdoing,” nonetheless have “a responsible share in the furtherance of the transaction which the statute outlaws.” In other words, the RCO doctrine imposes criminal liability on the executive who need not have participated in her corporation’s crime; …