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A Three-Part Framework for Analysis

STUART P GREEN

in Lying, Cheating, and Stealing: A Moral Theory of White-Collar Crime

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225804
eISBN:
9780191708411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225804.003.0004
Subject:
Law, Philosophy of Law, Employment Law

This chapter focuses on three kinds of moral element found in any criminal offense: (1) mens rea (or omission of mens rea), (2) harmfulness, and (3) moral wrongfulness. This three-part framework is ... More


Bribery

STUART P GREEN

in Lying, Cheating, and Stealing: A Moral Theory of White-Collar Crime

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225804
eISBN:
9780191708411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225804.003.0017
Subject:
Law, Philosophy of Law, Employment Law

Bribery has a claim to being the quintessential white-collar crime: its perpetrators are typically upper-income professionals; it is invariably committed in the context of governmental or commercial ... More


Promise-Breaking

STUART P GREEN

in Lying, Cheating, and Stealing: A Moral Theory of White-Collar Crime

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225804
eISBN:
9780191708411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225804.003.0010
Subject:
Law, Philosophy of Law, Employment Law

Legal theorists have made significant contributions to our understanding of the concept of promising. But their focus has almost invariably been on the law of contract. In light of the minimal degree ... More


Cheating

STUART P GREEN

in Lying, Cheating, and Stealing: A Moral Theory of White-Collar Crime

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225804
eISBN:
9780191708411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225804.003.0005
Subject:
Law, Philosophy of Law, Employment Law

This chapter offers a ‘normative reconstruction’ of the concept of cheating. It seeks to develop a framework for thinking critically about a paradigmatic concept of cheating; and, if not to reach ... More


European Antitrust Criminalization and the Challenge of Retribution Theory

Peter Whelan

in The Criminalization of European Cartel Enforcement: Theoretical, Legal, and Practical Challenges

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199670062
eISBN:
9780191749445
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670062.003.0004
Subject:
Law, Employment Law, Competition Law

This chapter aims to analyse the challenge of retribution theory for European antitrust criminalization and therefore whether retribution theory can actually be relied upon as a solid foundation for ... More


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