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It is uncontroversial that corporations are legal agents that can be held legally responsible, but can corporations also be moral agents that are morally responsible? Part one of this book explicates the most prominent theories of corporate moral agency and provides a detailed debunking of why corporate moral agency is a fallacy. This implies that talk of corporate moral responsibilities, beyond the mere metaphorical, is essentially meaningless. Part two takes the fallacy of corporate moral agency as its premise and spells out its implications. It shows how prominent normative theories within Corporate Social Responsibility, such as Stakeholder Theory and Social Contract Theory, rest on an implicit assumption of corporate moral agency. In this metaphysical respect such theories are untenable. In order to provide a more robust metaphysical foundation for corporations the book explicates the development of the corporate legal form in the US and UK, which displays how the corporation has come to have its current legal attributes. This historical evolution shows that the corporation is a legal fiction created by the state in order to serve both public and private goals. The normative implication for corporate accountability is that citizens of democratic states ought to primarily make calls for legal enactments in order to hold the corporate legal instruments accountable to their preferences.
PhD thesis, London School of Economics: The thesis is an analysis of the corporation in society which spans the disciplines of Ethics, Law, Economics and Political Philosophy. Part One challenges the position, generally accepted in Business Ethics, that a corporation qualifies as a moral agent. The thesis analyses the most prominent theories of corporate moral agency and concludes that the corporation itself is not a moral agent. The thesis argues that attributions of moral responsibility to corporations are an elliptical way of referring to the responsibility of individuals. Part Two traces the historical development of the corporate legal form in English and American law and argues that the corporate form is a legal agent. The thesis takes issue with the Corporate Social Responsibility movement and argues that many of its prescriptions rest on a mistaken premise of corporate moral agency. Further, the thesis suggests that many CSR issues are better addressed through legal enactments by government.
Individuals are generally considered morally responsible for their actions. Who or what is responsible when those individuals become part of business organizations? Can we correctly ascribe moral responsibility to the organization itself? If so, what are the grounds for this claim and to what extent do the individuals also remain morally responsible? If not, does moral responsibility fall entirely to specific individuals within the organization and can they be readily identified? A perennial question in business ethics has concerned the extent to which business organizations can be correctly said to have moral responsibilities and obligations. In philosophical terms, this is a question of "corporate moral agency." Whether firms can be said to be moral agents and to have the capacity for moral responsibility has significant practical consequences. In most legal systems in the world, business firms are recognized as "persons" with the ability to own property, to maintain and defend lawsuits, and to self-organize governance structures. To recognize that these "business persons" can also act morally or immorally as organizations, however, would justify the imposition of other legal constraints and normative expectations on organizations. In the criminal law, for example, the idea that an organized firm may itself have criminal culpability is accepted in many countries (such as the United States) but rejected in others (such as Germany). This book collects new contributions by leading business scholars in business ethics, philosophy, and related disciplines to extend our understanding of the "moral responsibility of firms."
The Routledge Handbook of Collective Responsibility comprehensively addresses questions about who is responsible and how blame or praise should be attributed when human agents act together. Such questions include: Do individuals share responsibility for the outcome or are individuals responsible only for their contribution to the act? Are individuals responsible for actions done by their group even when they don’t contribute to the outcome? Can a corporation or institution be held morally responsible apart from the responsibility of its members? The Handbook’s 35 chapters—all appearing here for the first time and written by an international team of experts—are organized into four parts: Part I: Foundations of Collective Responsibility Part II: Theoretical Issues in Collective Responsibility Part III: Domains of Collective Responsibility Part IV: Applied Issues in Collective Responsibility Each part begins with a short introduction that provides an overview of issues and debates within that area and a brief summary of its chapters. In addition, a comprehensive index allows readers to better navigate the entirety of the volume’s contents. The result is the first major work in the field that serves as an instructional aid for those in advanced undergraduate courses and graduate seminars, as well as a reference for scholars interested in learning more about collective responsibility.
Thoroughly revised, updated, and expanded, The SAGE Encyclopedia of Business Ethics and Society, Second Edition explores current topics, such as mass social media, cookies, and cyber-attacks, as well as traditional issues including accounting, discrimination, environmental concerns, and management. The new edition also includes an in-depth examination of current and recent ethical affairs, such as the dangerous work environments of off-shore factories for Western retailers, the negligence resulting in the 2010 BP oil spill, the gender wage gap, the minimum wage debate and increasing income disparity, and the unparalleled level of debt in the U.S. and other countries with the challenges it presents to many societies and the considerable impact on the ethics of intergenerational wealth transfers. Key Features Include: Seven volumes, available in both electronic and print formats, contain more than 1,200 signed entries by significant figures in the field Cross-references and suggestions for further readings to guide students to in-depth resources Thematic Reader′s Guide groups related entries by general topics Index allows for thorough browse-and-search capabilities in the electronic edition
The interaction between a company and its stakeholder environment explains a key part of corporate behavior. This is because the level of social acceptance that the company achieves affects consumer trust, employee commitment, and access to credit or support from suppliers. This book examines these relationships to discover the best way to align corporate behaviour with the interests, values and preferences of stakeholders. It features contributions on topics such as marketing, emerging technologies, women in entrepreneurship, sports and tourism.
States are often held responsible for their wrongdoings. States pay compensation for their unjust wars, as did Iraq in the aftermath of its invasion of Kuwait. States pay reparations for their historical wrongdoings, as did Chile to the victims of the Pinochet Regime, or Germany to Israel and other countries because of the Holocaust. Some argue that they should pay punitive damages for their international crimes as well. But state responsibility has a troubling feature: states are corporate agents, comprising flesh and blood citizens. When they turn to the public purse to finance their corporate liabilities, it is their citizens who pay the price. Even citizens who protested against their state's policies, did not know about them, or had no influence on policy makers end up sharing the burden. Why should these citizens pay for their state's wrongdoings, if they don't carry the blame? Responsible Citizens, Irresponsible States develops a fresh justification for citizens' duties to share the burden of their state's wrongdoings. This justification revolves around citizens' participation in their state: drawing on recent debates in the philosophy of collective action, Avia Pasternak shows that citizens are acting together in their state and that their state policies are the product of this collective action. Given this participation, citizens ought to share the burden of remedying harmful wrongs their state policies bring about. However, she also argues that not all citizens in all states are participating in their state. In many authoritarian states, citizens' participation in the state is highly restricted or coerced. Here, ordinary citizens do not share responsibility for their state policies and should not be forced to pay for them. These conclusions carry significant real-world implications for the way domestic international law holds various types of states, and their citizens, responsible for their wrongdoings. This work is essential for political theorists and philosophers grappling with citizen responsibility and duty.
Explores the nature of corporate personhood and how it affects the rights, powers, and influence of corporations in society.
This book is an enquiry into the meaning and nature of collective responsibility. It analyses the moral culpability of collective entities implicated in some of the most pressing contemporary ethical issues, including institutional injustice, corporate scams, organized crimes, gang wars, genocide, xenophobia, and other group-based violence. It asks: Who is responsible when a collective is (held) responsible? Is collective responsibility merely a façon de parler, a rhetorical way of talking about individual moral responsibility, or is it more than that? Using some of the latest resources from the philosophy of action, philosophy of mind, and social ontology, the author develops a nuanced non-individualist position with the help of a concept of collective agency. He interprets collective responsibility as the responsibility of a collective without either reducing it to the responsibility of the individual members or making it a case where their moral positions become blurred. An important intervention in moral philosophy, this book will be useful for scholars and researchers of moral philosophy, philosophy of action and mind, philosophy of social sciences, and political philosophy. It will also be a theoretical resource for legal theorists, just war theorists, game theorists, business ethicists, and policy makers.