The common assumption is that if a group comprising moral agents can act intentionally, as a group, then the group itself can also be properly regarded as a moral agent with respect to that action. I argue, however, that this common assumption is the result of a problematic line of reasoning I refer to as “the collective fallacy.” Recognizing the collective fallacy as a fallacy allows us to see that if there are, in fact, irreducibly joint actors, then some of (...) them will lack the full-fledged moral agency of their members. The descriptivist question of whether a group can perform irreducibly joint intentional action need not rise and fall with the normative question of whether a group can be a moral agent. (shrink)

Whistleblowing” has entered the scholarly and the public debate as a way of describing the exposure by the member of an organization of episodes of corruption, fraud, or general abuses of power within the organization. We offer a critical survey of the main normative theories of whistleblowing in the current debate in political philosophy, with the illustrative aid of one of the epitomic figures of a whistleblower of our time: Edward Snowden. After conceptually separating whistleblowing from other forms of wrongdoing (...) disclosures, we introduce and discuss two families of normative views of this practice: the “Extrema Ratio” and the “Deontic” views. We show how the two views can be usefully considered in tandem to offer an all-round assessment of the moral justification of whistleblowing either as an extraordinary individual conscientious act of indictment or as an ordinary dutiful organizational practice of answerability that enables the capacity of self-correction of an organization. (shrink)

The paper articulates a new understanding of individual responsibility focused on exercises of agency in reason-giving rather than intentional actions or attitudes towards others. Looking at how agents make sense of their actions, we identify a distinctive but underexplored space for assessing individual responsibility within collective actions. As a case in point, we concentrate on reason-giving for one's own involvement in systemic corruption. We characterize systemic corruption in terms of its public ‘unavowability’ and focus on the redescriptions to which corrupt (...) agents typically resort to vindicate their actions. Through a multidimensional approach to reason-giving, we show that the individual rationalisations these redescriptions point to are necessarily less-than-successful since they keep thedifferent categories of reasons involved in making sense of one’s own conduct misaligned. We argue that this involves a kind of tainted reasoning at the interface between epistemic vice and epistemic disadvantage. We then consider such test cases as self-deception, wilful ignorance, and actions on ‘autopilot’ to show that tainted reasoning is constitutive of systemic corruption, not merely caused by it. On this ground, we expound a new view of responsibility centred on reason-giving as the epistemic core which all responsibility assessments track. To demonstrate the interest of this view, we compare it with existing alternatives revolving around the ideas of accountability and attributability. We conclude by showing how our understanding of responsibility can shed new light on the analysis and normative assessment of an agent’s responsible ignorance. (shrink)

ABSTRACT:Many companies engage in dialogue with nongovernmental organizations about societal issues. The question is what a regulative ideal for such dialogues should be. In the literature on corporate social responsibility, the Habermasian notion of communicative action is often presented as a regulative ideal for stakeholder dialogue, implying that actors should aim at consensus and set strategic considerations aside. In this article, we argue that in many cases, communicative action is not a suitable regulative ideal for dialogue between companies and NGOs. (...) We contend that there is often an adversarial element in the relation between companies and NGOs, and that an orientation towards consensus can be in tension with this adversarial relation. We develop an alternative approach to stakeholder dialogue called ‘agonistic deliberation.’ In this approach, conflict and strategic considerations play a legitimate and, up to a certain point, desirable role. (shrink)

One of the prevailing explanations of the corporate scandals of the Enron era and the recent financial crisis is the failure of professional gatekeepers—such as auditors, corporate lawyers, and securities analysts—to detect and disrupt corporate misconduct. The alleged solution to this failure—typically proposed and justified on consequentialist grounds—is to impose legal liability on professionals. The purpose of this paper is to critically examine the normative foundations of gatekeeper liability. In the course of this paper, I shall defend the claim that (...) gatekeeper liability may be morally objectionable not only on grounds of fairness but also on consequentialist grounds. The expected contribution of this paper is threefold. First, it systematizes the framing and moral justification of gatekeeping duties. Second, it calls into question the normative underpinnings for targeting intermediaries instead of primary wrongdoers. Third, it anticipates some negative results of gatekeeping strategies in the accounting profession, specifically in the realm of clientele selection, the expectation gap, and auditor compensation. (shrink)

The problem of “dirty hands” has become an important term, indeed one of the most important terms of reference, in contemporary academic scholarship on the issue of torture. The aim of this essay is to offer a better understanding of this problem. Firstly, it is argued that the problem of “dirty hands” can play neither within rule-utilitarianism nor within absolutism. Still, however, the problem of “dirty hands” represents an acute, seemingly irresolvable, conflict within morality, with the moral agent understood, following (...) Nagel, as necessarily holding mixed, absolutist-consequentialist moral intuitions, pulling in opposite directions. Secondly, a distinction is drawn between real situations of “dirty hands,” and other conflictual scenarios, which are commonly, but unjustifiably placed under the metaphorical title of “dirty hands.” Finally, it is suggested - utilizing Nagel’s own ideas, as developed in his later work, and Sen’s notion of evaluator relativity—that the moral “blind alley” manifested in the problem of “dirty hands” may not be totally blind after all, at least from the situated agent’s own internal point of view (as opposed to that of an external observer trying to put herself in the agent’s position by way of moral simulation). Thus, contrary to Walzer’s approach, it is possible for a person (politician) acting in a situation of “dirty hands,” not to believe herself to be guilty, but still be a moral person. (shrink)

One common justification for the pursuit of profit by business firms within a market economy is that profit is not an end in itself but a means to more efficiently produce and allocate resources. Profit, in short, is a mechanism that serves the market’s purpose of producing Pareto superior outcomes for society. This discussion examines whether such a justification, if correct, requires business managers to remain attentive to how their firm’s operation impacts the market’s purpose. In particular, it is argued (...) that the value of efficiency, despite views to the contrary, cannot be fully separated from the planning and intentions of business managers as long as those managers direct their firms in an ethically responsible fashion. This position is inspired by, and serves as a supportive clarification of Joseph Heath’s so-called “market failures approach” to business ethics. (shrink)

This paper distinguishes between two main questions regarding the notion of privacy: “What is privacy?” and “Why do/should we value privacy?”. In developing a social-ontological recognitional model of privacy, it gives an answer to the first question. According to the SORM, Privacy is a second order quality of roles within social practices. It is a function of who is or should be recognized as a “standard authority”. Enjoying standard authority means to have the right to interpret and contest role behavior (...) and role obligations within a specific practice, as well as evaluate the normative structure, the fundamental practice norms as well as the roles and their status. The SORM utilizes the concept of standard authority to explicate privacy with regard to two categories that capture the relevant phenomena of privacy: decisional and informational privacy. Within a practice, an actor is said to have decisional privacy if she as a BCR does not recognize bearers of accidental roles as standard authorities. Vice versa, an actor is said to enjoy informational privacy if all other BCRs recognize her as a standard authority. Additionally, the requirement of mutual recognition by the practice participants as standard authorities introduces a “weak normativity” into the theory, which can be used to identify deficient privacy arrangements within practices. (shrink)