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Illegal Associations in English Law

One cannot overemphasize the basic rule that the maxims ex turpi causa and in pari delicto operate negatively, that is to say, only so as to bring about the rejection of actions tainted with illegality in its widest sense; but they never operate so as to outlaw culprits or deprive even habitual offenders of their civil rights. Some doubt may, however, arise whether the same rule applies to illegal associations. After all, associations are not natural human beings, whose rights as such are regarded as fundamental human rights or safeguarded by Bills of Rights. Associations and corporations, of all kinds, owe their very existence to a legal concept which regards them as something additional, sometimes even entirely different from their members. It is not self-evident then, that illegal associations should or should not be recognized for any civil law purpose, and it is not surprising, therefore, that there has been a diversity of legal opinion on that point.