Quote:
Originally Posted by manchambo
What you're saying would make it impossible to control or punish any organization. If Ford's top executives know that a part they're using will lead to many deaths, the company (and also the individuals) is liable for civil and criminal penalties. The company is liable even though there are many innocent employees and even more innocent stock holders who will suffer as a result. But this has to be the case because, (i) an organization cannot act but through individuals, and hence the individuals' actions are those of the organization, and (ii) an organization would have no incentive to ensure that its agents acted properly if only the individuals were punished. It can't possibly be the case that the top individuals in Penn State Football, acting on behalf of Penn State Football and for the benefit of Penn State Football, can cover up and in some ways facilitate child rape, and no wrongdoing is imputed to Penn State Football. First, the people doing these things were, for all intents and purposes, Penn State Football. Second, if they can just usher those people out with no punishment to the organization, there is no incentive to ensure good behavior by any future agents of Penn State Football.
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I don't know how millions of dollars in settlements to victims, forced restructurings, dismissal of all responsible and hopefully civil and criminal charges to those people as well, and a USC-like football suspension... not to mention the massive PR hit, which is going to affect academic and football recruiting for years to come... how does that not constitute punishment? The punishment without the death penalty I imagine is going to be tens of millions of dollars.
If Ford makes faulty cars, you punish them through fines, settlements, and disciplinary action. You're not going to tell them that they're not allowed to make Ford cars anymore for the next 20 years.