Stigma, Labelling, and “Corporate Psychopaths”: A Legal Perspective

This paper presents a novel argument proposing greater recognition of the stigmatic nature of the ‘psychopath’ label in the corporate crime context, particularly in relation to its use within academic research and in criminal judgments. Labelling theory and a communicative account of criminal law and punishment are applied to the issue. The stigmatic nature of the label, as well as its potential to over-stigmatise corporate offenders is assessed. Recommendations are forwarded, primarily in relation to the need for greater judicial engagement with the topic of psychopathy and corporate crime, and greater recognition of the stigmatic nature of the psychopathy label. Alternative labels are forwarded.