What is the role of large corporations under repressive regime? Do they engage in criminal activities? If yes, how should they be included in a process of transitional justice? The purpose of this work is to establish the links between the business world and transitional justice mechanisms. My purpose is more specifically to link the potential crimes perpetrated by corporations and the transitional justice mechanisms. This work does not link the transitional justice field to a defined field of research. Corporate responsibility or accountability is a concept coming from law and business literature. For the United Nations, transitional justice is the full range of processes and mechanisms associated with a society 's attempt to come to terms with a legacy of large-scale past abuses, in order to ensure accountability, serve justice and achieve reconciliation. The vast majority of the literature discussing "transitional justice" focuses on individuals or states, not collective organizations. Mechanisms of transitional justice are fourfold and include: a justice process, a reparation process, a truth process and a stabilization process. All these 4 processes are studied as either applying to individuals or state. However, in many cases the responsibility of individuals is related to the collective responsibility of a group or an organization other than the state. The objective of this work is to try to connect the role of businesses and transitional justice mechanisms. The
The question before our society is not whether corporate crime is a victimless crime, rather the question is what should be done about it? Corporate crime doesn’t just do harm to the investors that can be unknowingly damaged by these crimes, it has a much more insidious nature to it as it has done harm on global scales. Corporate crime is almost a misnomer because many of these criminal wrongdoings are for the most part legal, when not taken to their ultimate conclusion. Society within the United States has been taught that the man in the brief case, yelling at other men in dark coats on the flow of the stock exchange are the smartest guys in the room. This paper will attack that idea on many levels, the first salvo will be
The purpose of the textbook, Who Rules America? by G. William Domhoff, is to explain his theory of Class Domination. My essay emphasises the relation of social class to power, the existence of a Corporate community, the relationship of the Corporate community to the upper class, and various methods used by the Corporate community to dominate the U.S Political System. Furthermore, my essay will discuss the potential limits to corporate power in America.
The United Nations states, “transitional justice is the full range of processes and mechanisms associated with a society’s attempt to come to terms with a legacy of large-scale past abuses, in order to ensure accountability, serve justice and achieve reconciliation.” One of the processes and mechanisms of transitional justice is delivering reparations.
These companies control the product supply and price and employees’ salary. It indicated government is corrupt and incompetence. 3. I think the power of government is the important force to prevent the robber baron.
In recent years, forgiveness has attracted attention as a possible response of victims to perpetrators in past violent human rights abuses. Moreover, transitional justice focuses on the effective and legitimate ways of addressing past wrongs and moving towards achieving political reconciliation and re-establishing
Committing a corporate crime seems tempting at times, and the culprits usually feel as if their crime is justified. They justify their choice to steal from the company by assuming that the only person who would be affected is the CEO, or somebody that would not notice a dent in their hefty salary. However, it is naive to think of these types of crimes in a way that doesn’t adequately explain the ripple affect each crime has on society.
Often, there is conflict amongst states that escalates, eventually, into war. With these wars, comes death and immense devastation; devastation that takes form in many ways. The worst of them are the human rights violations that occur, leaving behind a pain that is often rarely treated or addressed. Through the approach, transitional justice, victims of these horrible crimes against humanity have a system that allows them to seek some form of justice. Focus on the Bosnian genocide will allow for one to see how a specific case of transitional justice was played out and the cons, along with pros, of the actions every actor took that either prolonged or stiffened the progression of peace and justice in Croatia and Bosnia and Herzegovina and
Except this behavior is not isolated to these enterprises alone. In the United States, this behavior of corruption is swaying more towards a social norm. In fact, so communal that it is anticipated when regular companies or constituents intermingle with government representatives. The end game in this tit-for-tat competition of legal deviance is a kleptocracy, which precisely translates to “rule by thieves.” Social deviance within the justice system is a breach of social norms, therefore who thrives as a social deviant? Concurring with the works of sociologist, Howard S. Becker the best characterization of social deviance is, “It is not the act itself, but the reactions to the act, that do something
Corporate crime is considered a form of white-collar crime that is committed by persons of respectability and high social status, white collars crimes are believed to be committed by business people. Some people believe that this is a crime that is committed by the very rich, people that are of high social status corporate crime are by far the worst, because corporate crimes are considered white collars crimes, and what is believed is that white collars crimes are committed by business people (Cavender & Cullen (2006). These crimes can be infractions such as crimes by politicians; crimes by professionals, like accountants, physicians, and attorneys; cheating on taxes; corporation theft or embezzlement; and crimes committed by corporate organizations themselves (Cavender & Cullen, 2006). They are deemed the greatest threat to civil society corporations, because they have a much greater ability to do severe harm, their actions do damage to society as a whole.
What is the responsibility of a business or corporation? Is it to meet stakeholder expectations and follow legal guidelines, or is there a higher responsibility? While Milton Friedman asserted in his famous essay that “the social responsibility of a business is to increase profits,” it can be argued that companies also have higher moral responsibilities. The question in each ethical dilemma is, “To whom do we have a moral responsibility?”
Corporate crime is not taken seriously and the regulatory agencies appear powerless as the penalties available to them are ineffective in sufficiently punishing criminal acts and preventing future crimes. As investigations and methods of law enforcement are incredibly time consuming and costly, the current most effective punishments of committing a corporate crime are the use of; recalls, unilateral orders, consent agreements, decrees, injunctions and monetary penalties are most used. The use of deferred and non-prosecution agreements are currently by far the most popular option for corporations.
Indeed as Max Pensky has written, the transitional justice field is oriented so strongly towards practice that it almost seems as if theorists are not needed. Deep societal cleavages centered on perceived division of political identity in post-conflict societies as experiences of countries that passed via TJ process such as Rwanda, South Africa, Northern Ireland or South Africa tells. As cited in (Aiken 2014) that collective group of identities can take on a "monolithic quality" and come to permeate all aspects of social, economic, and political life. The form of societal cleavages are presented in the form of negative stereotypes and prejudice as well as relationships marked by fear, distrust, animosity and an underlying devaluation of the
The main focus of this research has been the review and analysis of the role of government being supplanted by corporations. The topic of study related to this problem is corporations/corporatism and their influence in governing affairs. Analysis of corporations will be reviewed through the lens of Liberalism and Constructivism. Through the application of Liberalism and Constructivism it will determine if corporatism/neo-corporatism is diminishing individual rights and liberties by moving government from the public sphere to a private one. This research is important in understanding how the role of government is becoming a corporate institution, not based on laws but on policies for profit. The direct impact corporatization of government has
The Global Economy’s Corporate Crime Wave discusses world corporate crime and how the influence of money corrupts politics and the economic markets. The power of corporations on our culture is interesting and the depth of corruption, is in moments implausible. Jeffery D. Sachs is a professor and a writer. Sachs writes articles for Project Syndicate, a world’s opinion website and has written books that include: The End of Poverty, Common Wealth and The Age of Sustainable Development. Sachs background provides him with the knowledge and capability to write an educated article on the possibility of the corporate crime wave. The purpose of this article is to educate American Citizen’s on corporation’s power and influence on the government.
This essay’s thesis is that there is currently a lack legal apparatuses that can be used to hold transnational corporations liable for human rights violations; specifically violation of labour rights. This paper seeks to discuss various legal instruments that are applicable to transnational corporations and human rights violations. It will also provide theoretical framework for understanding the nature of human rights and legal framework of labour laws. This essay will address the following questions: What is the legal status of transnational corporations? How can current legal apparatuses be used to hold transnational corporations accountable for human rights violations? This essay will also consider the case of human right violations by Nike Corporation in order to show that external pressures can produce development and accountability.