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When infringement or wrongdoing is alleged against a corporation, where are we to look for the imputed reprehensible conduct or knowledge on which the case must depend? This is a question that is asked and asked again as each expansion and intensification of corporate activity gives rise to ever more complex issues of accountability and responsibility.This major new theoretical study builds on classic and recent work in the field to provide a systematic and coherent analysis of corporate liability in its current context. Focusing on rules of attribution developed in a notable series of English cases, the author explains in detail the various ways in which these rules may be applied in civil, criminal, and regulatory proceedings against corporate defendants. The book exposes the circumstances in which corporations, as legal persons, may incur personal liability for the acts or omissions of their servants or agents that were carried out in the course of their employment, defining the means through which corporate liability must be determined. It focuses on the personal liability of corporations, incorporating common law principles of vicarious liability and agency as well as exceptions arising from the Companies Act 1985 and other legislation. The study covers such important areas as the following: the 'problem of many hands,' in which individual servants or agents may be aware of only a portion of a corporate transaction or undertaking the traditional 'directing mind' theory as one of the means of identifying the relevant individuals whose conduct or state of knowledge may result in corporate liability the development of 'principles of attribution' as a framework for approaching different situations where liability may be established against corporations a new concept of 'aggregation' which allows, under particular circumstances, the collective knowledge of various individuals to be attributed to the corporation the relevance of 'Chinese Walls' in limiting the extent to which principles of attribution apply a comprehensive survey of the different circumstances in which corporations, including holding corporations in corporate groups, and their servants and agents may incur liability. Corporate Liability: A Study in Principles of Attribution is far more than a mere legal device for practical purposes. It is in every way a groundbreaking work in the field, of absorbing interest to scholars, jurists, and lawyers alike.
This book is essential reading for all those interested in the Japanese economic miracle. Japan's economy is invariable seen as a capitalist system, and a consideration of the elements upon which the Japanese economy is founded seems to lead inexorably to the conclusion that Japan is an established member of the group of highly developed capitalist nation. Yet a country's internal mechanisms can differ markedly from the system as perceived externally. Although not yet widely recognized, a new kind of economic system has developed in Japan, a system that differs greatly from traditional capitalism. The author of this book, as a former high-ranking official of the Ministry of International Trade and Industry, has observed Japanese industry from the inside. He provides detailed explanations of the unique features of the new corporate system and how it differs from the system of orthodox capitalistic corporations. The Rise of the Japanese Corporate System introduces an important new perspective on Japan, one that provides a clear and complete understanding of the development of the modern Japanese economy.
This book examines the strategies pursued by the Colonies and the other combatants in the American War for Independence, placing the conflict in its proper global context.
Many do not realize the extent to which the 1775 colonial rebellion against British rule escalated into a global conflict. Collectively, this volume examines the strategies pursued by the American Colonies, Great Britain, France, Spain, and Holland, and the League of Armed Neutrality, placing the military, naval, and diplomatic elements of the struggle in their proper global context. Moreover, assessing how each nation prosecuted their respective wars provides lessons for current students of strategic studies and military and naval history.
This book will be of great interest to students of strategic studies, American history, Military History and political science in general.
Donald Stoker is Professor of Strategy and Policy for the US Naval War College's Monterey Program in Monterey, California. He joined the Strategy and Policy faculty in 1999 and has taught both in Monterey and Newport.
Kenneth J. Hagan, Professor Emeritus, the U.S. Naval Academy, is currently Professor of Strategy and Policy for the U.S. Naval War College's Monterey Program.
Michael T. McMaster is a Professor at the U.S. Naval War College in Monterey. He is a retired U.S. Navy Commander.
Bill McSweeney addresses the central problem of international relations - security - and constructs a novel framework for its analysis. He argues for the unity of the interpersonal, societal and international levels of human behaviour and outlines a concept of security which more adequately reflects the complexity and ambiguity of the topic. This book introduces an alternative way of theorizing the international order, within which the idea of security takes on a broader range of meaning, inviting a more critical and interpretative approach to understanding the concept and formulating security policy. The recent shift to sociology in international relations theory has not as yet realized its critical potential for the study of security. Drawing on contemporary trends in social theory, Dr McSweeney argues that human agency and moral choice are inherent features of the construction of the social and thus international order, and hence of our conception of security and security policy.
Ahoy, mateys! Set sail for fun and adventure on a pirate ship full of puppies.
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