I was just reading about a violation of the Canadian fisheries act that has a maximum penalty of $200k, and realized the absurdity of there ever being a maximum fine.

There should be no maximum fine on any corporate penalty given that we do not cap the size of corporations or their bank accounts.

It would be like having maximum jail terms of 25 years for immortal beings that can live to 10,000.

  • CombatWombat@feddit.online
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    5 days ago

    When we talk about prison reform, we talk about the three main functions of prison: incapacitation, rehabilitation and deterrence. Corporate persons are conceptual, amoral agents incapable of personal growth, so I don’t think rehabilitation is a useful lens for thinking about corporate fines, but I think deterrence and incapacitation are worthwhile. Fines as a percentage of corporate income speaks to incapacitation – a corporation with less money can do less harm – but it doesn’t address deterrence. In a perfectly efficient capitalist economy, we should expect that corporations will take any option that nets more revenue than it costs to implement, inclusive of any fines, and the fine is only deterrent if it makes the offense so expensive as to be unprofitable, which is only loosely correlated with corporate income. I’d say, it’s the maximum of: a percentage of corporate income, the cost to fix the damage, and the amount of profit the corporation derived from the fined behavior.

    • masterspace@lemmy.caOP
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      5 days ago

      I generally agree with the small caveat that you can also extend punishment to the people who run the corporation and make decisions.

      We do not need to end corporate liability at the boundary of the corporation.