Projects per year
Abstract
The law often includes state of mind elements as conditions for defendant liability for serious criminal and civil misconduct. As ongoing law reform inquiries in England and Wales, and Australia, demonstrate, this poses considerable challenges for the just and effective regulation of corporate actors. In that context, this article advocates for a new model of corporate responsibility, called "systems intentionality". This departs from the Identification Theory and other, individualistic attribution approaches by conceptualising the corporate state of mind as manifested in its systems, policies and practices. The article illustrates the model’s distinctive application to a range of topical scenarios.
Original language | English |
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Pages (from-to) | 467-495 |
Journal | Lloyd's Maritime and Commercial Law Quarterly |
Volume | 2022 |
Issue number | Part 3 |
Publication status | Published - 2022 |
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Dive into the research topics of 'Catching the corporate conscience: a new model of “systems intentionality”'. Together they form a unique fingerprint.Projects
- 2 Finished
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Unravelling Corporate Fraud: re-purposing ancient laws for modern times
ARC Australian Research Council
8/05/20 → 12/05/24
Project: Research
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Developing a Rational Law of Misleading Conduct
Paterson, J. & Bant, E.
ARC Australian Research Council
1/01/18 → 31/12/21
Project: Research
Activities
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Monash Network
Elise Bant (Participant) & Rebecca Faugno (Participant)
4 Sept 2023Activity: Conferences and workshops › Contribution or participation in a conference
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Politics, Policy and Private Law
Elise Bant (Keynote speaker/Invited speaker)
27 Mar 2023Activity: Conferences and workshops › Contribution or participation in a conference
File -
Submission to Parliamentary Joint Committee on Corporations and Financial Services
Elise Bant (Consultant)
31 Aug 2023Activity: Industry and government engagement/consultancy › Submissions to or appearance before a government committee, inquiry or agency
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