Metaphysical spookiness? the collective responsibility of company directors

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    Abstract

    According to both corporate governance codes and company law the directors of a company have a collective responsibility. This article explores collective, or collegiate, decision-making and, perhaps more importantly, collective responsibility. The collective responsibility of directors is currently operationalized only by converting it into an individual responsibility and liability. The purpose of this article is to reveal how a more openly collective approach to board responsibilities and board liabilities could be useful and practical despite the fact that its theoretical basis may require some metaphysical spookiness.
    Original languageEnglish
    Pages (from-to)609-636
    Number of pages28
    JournalGriffith Law Review
    Volume21
    Issue number3
    Publication statusPublished - Sep 2013

    Keywords

    • Collective responsibility
    • board failure
    • plural subject
    • directors
    • corporate board

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