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by brazzy 2493 days ago
> These Fight Club-esque arguments that corporate civil liability can not possibly curtail bad corporate conduct ignore the fact that killing people carries an almost unbounded punitive penalty in front of a jury. The confidence interval on the damages is very large, which makes doing things with practically unbounded civil liability actually dangerous for companies, and actually deters behavior which might appear otherwise profitable.

Your argument ignores the fact that when this "unbounded liability" hits the company, it might bankrupt the company, but that is completely irrelevant to the responsible people, who usually get to keep the fat bonuses they earned and go on to work in another company, doing the same things. A company has, in principle, a strong incentive to prevent this, which is why there are CCOs and compliance departments. But in practice, this too often loses out to the stronger incentive to maximise profits.

1 comments

The shareholders certainly consider bankruptcy to be relevant. One would think they would find the hiring of "responsible" people who bankrupted their previous company to be relevant also.