The logic of agency or the logic of structure in the concept of white collar crime: a review

Abstract

Since 60s the white collar crime concept is divided in occupational crime versus corporate crime, exposing two different causal primacy: an agency logic and a structural logic. The logic of agency argues that corporate crime concept and the logic of structure is more or less useless for white collar crime research. The logic of structure argues that corporate crime has a validity in its own and describe a dimension of white collar criminality that the logic of agency doesn’t reach. The validity of this two positions is discussed by four crucial issues: The status of juristic persona, explanatory value, mens rea and suffering by punishment. It ends up in a Soritie paradox to which a three valued formal logic by the Stoicists Chrysippus is applied. The conclusion is that the logic of agency has the primacy, and the concept of occupational crime should be the prime concept for white collar crime.