Corporate Liability

Mortling, Jonas (dissertant). Johan Ihre (thesis advisor)

[LAW - PUNISHMENT AGAINST UNIVERSITIES]. De Poena Universitatis [...] Sub praesidio [...] Johannis Ihre (D. D. Specimen academicum)

Uppsala: Excud. L.M. Hojer, Reg. Acad. Typogr. 1755. First Edition. Small 4to (185 x 140mm). [4], 11, [3] pp. Collation: [pi]2, A4, B3 = COMPLETE. In Latin, French, Swedish. Woodcut headpiece vignette on p. [1], depicting the Tetragramaton, large 9-line woodcut initial. Stab-stitch sewn dissertation pamphlet, later gilt marbled spine reinforcement in the style of the period (some light staining and wrinkling). Early ownership signature in bottom left corner of title page: "Herr Wettergriff." Very good. Item #4584

THIS UNKNOWN 1755 DISSERTATION EXAMINES THE QUESTION OF LEGAL PUNISHMENT AGAINST COLLECTIVE BODIES SUCH AS UNIVERSITIES, CORPORATIONS, OR GOVERNMENT AGENCIES, AND WHETHER THESE ENTITIES CAN BE PUNISHED AS ORGANIZATIONS WITHOUT VIOLATING JUSTICE TOWARDS ITS INDIVIDUAL MEMBERS. THESE MATTER ARE OF ENDURING INTERNATIONAL INTEREST.

Our dissertant, Jonas Mortling, explores when and how a "universitas" or corporate body may be held collectively responsible for wrongdoing -- either through direct action, or by failing to prevent misconduct -- and crucially: if such entities can be punished in the same way as individuals. It has not escaped our notice how directly relevant these topics are today, particularly in relation to class actions against American colleges and universities.

The dissertation begins with a moral argument for the necessity of law: human beings are often drawn by passion, ambition, faction, and private interest -- away from the common good. Without laws and punishments, public order cannot be maintained. Punishment is defined in juristic terms as an evil or suffering imposed by a superior upon a delinquent for wrongdoing. From this general theory the argument turns to the special case of the "universitas" -- not merely an aggregate of persons, but a corporate entity capable of common action, privileges, obligations, and legal representation.

Mortling's discussion is especially interesting because it weighs COLLECTIVE guilt against individual justice: a university or corporation may be subject to criminal liability through its assembled members, officers, or governing organs, yet punishment must not become arbitrary vengeance against innocent individuals. Our author considers fines, confiscation, loss of privileges, deprivation of corporate rights, and related penalties affecting a corporate body as such, while insisting upon legal authority, proportionality, and public utility. Finally, the dissertation is noteworthy for including bibliographical references (!)

Mortling's thesis advisor was Johannis Ihre (1707-1780), a pioneering Swedish philologist and professor at Uppsala University, best known for his foundational work in comparative linguistics AND for identifying the Codex Argenteus as Wulfila's Gothic Bible (!)

OCLC / WORLDCAT LOCATES NO COPY IN AMERICA.

Price: $850.00