Remaking the corporation: The 1991 U.S. Sentencing Guidelines

Abstract

This is an essay about the philosophical and practical problems associated with the concept of punishment for corporations that have grievously broken the law. It is specifically an essay about the special incentives that the U.S. Government has put in place to encourage American corporations to create comprehensive ethics programs and observe them faithfully. First, I will look at the sorts of obstacles to effective punishment of recalcitrant corporations that eventually prompted extraordinary measures by the U.S. Government. Then I will present a detailed description of the Federal Sentencing Guidelines which took effect on November 1, 1991, describe what they entail, examine what purposes for which they were intended and question how likely they will be to accomplish their objectives. Finally, we will raise the question whether such policies will help further corporate social responsibility and ethical conduct in the workplace.