Corporate culpability under law relies on a"Where’s Wally" logic to identify a natural person within a corporation to hold responsible for corporate wrongdoing but finding the “smoking gun” has proven elusive.

Professor Elise Bant, Private Law and Commercial Regulation, University of Western Australia, Professorial Fellow, Law school, University of Melbourne, and author of the book The Culpable Corporate Mind (Bloomsbury 2023), proposes an innovative approach for establishing corporate blameworthiness by linking the “state of mind” of the corporation to its “systems intentionality” as evidenced by its practices, standard operating procedures, values, behaviours and action as Michael Lester discusses.

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