Assuming that white collar crime really does reflect the kind
of moral ambiguity I have been describing, two questions naturally
arise: First, is moral ambiguity a bad thing? Second, assuming
that it is, what can be done about it? Although ambiguity
might in some cases mean flexibility, it is surely not a phenomenon
that, as a general matter, should be encouraged. Our system
is committed to the notion that only the most clearly harmful
and wrongful kinds of conduct should be treated with criminal
sanctions. Such sanctions need to be applied sparingly, consistently,
and with a clearly articulated rationale. If our attitudes
towards white collar crime are too ambiguous, the moral authority
of the criminal law will itself be viewed as ambiguous.