Case Western Reserve Journal of International Law 52 (2020) Crime as Cognitive Constraint thinking on corporate liability. The issue pushes physical and cognitive boundaries to a degree that traditional cases of transnational corporate wrongdoing have not. It exposes a gap created by current regimes of legal responsibility for international speech crimes, such as for the crime of direct and public incitement to commit genocide. International law clearly defines legal responsibility for states and natural persons, but an absence of legal liability persists for corporations. A dominant discourse that has emerged to address this gap is to expand the universe of crime. However, as the Facebook issue has shown, criminal law can operate as a cognitive constraint in appreciating harm. This invites us to rethink the primacy of crime and its tendency to eclipse other discourses. Once freed, a broader network of international liabilities is up for imagining. One possibility that merits further consideration is tort, writ large on the international plane. 197

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