Proponents of corporate moral responsibility take certain corporations to be capable of being responsible in ways that do not reduce to the responsibility of their members. If correct, one follow-up question concerns what leads corporations to fail to meet their obligations. We often fail morally when we know what we should do and yet fail to do it, perhaps out of incontinence, akrasia, or weakness of will. However, this kind of failure is much less discussed in the corporate case. And, (...) where it is discussed, the view is that corporations are less prone to weakness. Here, I argue that proponents of corporate responsibility should say that corporations can and often do instantiate weakness of the will, and that this is important to recognize. Weakness of the will requires certain capacities that these proponents typically take corporations to have. And once this is appreciated, we can assess how corporate weakness might proceed differently than how it does for individuals. We can also begin a conversation about how best to meet the distinctive challenges for recognizing and correcting corporate weakness, using a number of resources from management scholarship. (shrink)

Many philosophers accept the idea that there are duties to promote or create just institutions. But are the addressees of such duties supposed to be individuals – the members of the citizenry? What does it mean for an individual to promote or create just institutions? According to the ‘Simple View’, the citizenry has a collective duty to create or promote just institutions, and each individual citizen has an individual duty to do their part in this collective project. The simple view (...) appears to work well with regard to – you guessed it – ‘simple’ scenarios but it is riddled with further questions and problems. In this chapter, we raise five problems for the Simple View: (a) We suggest that one cannot develop a view concerning the citizenry’s duty to promote just institutions in isolation from a conception of the ontological relationship between the state and its citizens; (b) We argue that it is not obvious that the citizenry is the right entity to be attributed duties in the first place; (c) We show that a plausible account of collective duties to promote just institutions must not remain silent on the complexities and difficulties amorphous, unorganized group face in vis-à-vis collective action; (d) We contend that without allocation principles for contributory duties amongst the citizenry, or – alternatively – a method for practical deliberation that is action-guiding in collective action contexts, the claim that the citizens have a collective duty to promote just institutions remains moot; and, finally, (e) We demonstrate that the problem of reasonable disagreement is a serious threat to a collective duty to promote or create just institutions – it potentially undermines such a duty altogether and allows for conflicting contributory duties amongst the citizenry. We hope that our discussion will ultimately help improve existing theories and conceptual frameworks with a view to better understanding citizens’ obligations to promote justice under non-ideal conditions. (shrink)

Can a group be morally responsible instead of, or in addition to, its members? An influential defense of corporate responsibility is based on results in social choice theory suggesting that a group can form and act on attitudes held by few, or even none, of its members. The members therefore cannot be (fully) responsible for the group’s behavior; the group itself, as a corporate agent, must be responsible. In this paper, I reject this view of corporate responsibility by showing how (...) it pays insufficient attention to individual agency. By accounting for group members’ strategic behavior, we shall see how they control collective attitude formation and are therefore responsible for their group’s behavior. (shrink)

How should we understand the relation between corporate agency, corporate moral agency and corporate moral patienthood? For some time, corporations have been treated as increasingly ontologically and morally sophisticated in the literature. To explore the limits of this treatment, I start off by redeveloping and defending a reductio that historically has been aimed at accounts of corporate agency which entail that corporations count as moral patients. More specifically, I argue that standard agents are due a certain type of moral concern, (...) but corporate agents are not due that type of concern, so they are not agents of, at least, the standard type. Diagnosis: because corporations plausibly lack qualia, they are ‘zombie agents’ that mimic real agents. This explains why they are neither standard agents nor standard moral patients: they are not standard agents because they lack mental states, and because they lack experiences, they are, at best, morally notable rather than morally respectable. However, I then argue that we nevertheless have instrumental reasons to include them in our moral responsibility practices, both because that is what notability involves and bluffingly, and both when it comes to treating them as moral agents and as moral patients. Hence, we may treat corporations as part of our moral responsibility practices to a limited extent anyway. (shrink)

The following pair of claims is standardly endorsed by philosophers working on group agency: (1) groups are capable of irreducible moral agency and, therefore, can be blameworthy; (2) groups are not capable of irreducible moral patiency, and, therefore, lack moral rights. This paper argues that the best case for (1) brings (2) into question. Section 2 paints the standard picture, on which groups’ blameworthiness derives from their functionalist or interpretivist moral agency, while their lack of moral rights derives from their (...) lack of sentience. In Section 3, I add support to a recent argument that this standard picture needs alteration: groups’ blameworthiness requires something akin to sentience, which groups acquire from members. Section 4 discusses rights: if groups acquire sentience from members, as Section 3 argues, then can groups have moral rights? I argue that they can, but that groups have only a limited range of moral rights, whose existence depends on (without being ontologically or justificatorily reducible to) the attitudes and actions of humans. (shrink)

According to some collectivists, purposive groups that lack decision-making procedures such as riot mobs, friends walking together, or the pro-life lobby can be morally responsible and have moral duties. I focus on plural subject- and we-mode-collectivism. I argue that purposive groups do not qualify as duty-bearers even if they qualify as agents on either view. To qualify as a duty-bearer, an agent must be morally competent. I develop the Update Argument. An agent is morally competent only if the agent has (...) sufficient positive and negative control over updating their goal-seeking states. Positive control involves the general ability to update one’s goal-seeking states, whereas negative control involves the absence of other agents with the capacity to arbitrarily interfere with updating one’s goal-seeking states. I argue that even if purposive groups qualify as plural subjects or we-mode group agents, these groups necessarily lack negative control over updating their goal-seeking states. This creates a cut-off point for groups as duty-bearers: Organized groups may qualify as duty-bearers, whereas purposive groups cannot qualify as duty-bearers. (shrink)

Respondeat superior is a legal doctrine conferring liability from one party onto another because the latter stands in some relationship of authority over the former. Though originally a doctrine of tort law, for the past century it has been used within the criminal law, especially to the end of securing criminal liability for corporations. Here, I argue that on at least one prominent conception of criminal responsibility, we are not justified in using this doctrine in this way. Firms are not (...) answerable for the crimes committed by their employees, because firms cannot answer as to why the crime was committed; they lack the authority to offer the employee’s reasons for action. Though this rules out respondeat superior as a general principle, I show contexts in which vicarious liability is still appropriate in the criminal law, and I respond to a number of other concerns raised by this picture. (shrink)

In this paper, I revisit the question of how and in what sense can individuals comprising a group be held responsible for morally reprehensible behaviour by that group. The question is tackled by posing a counterfactual: what would happen if selfish individuals became moral creatures? A game called the Samaritan’s Curse is developed, which sheds light on the dilemma of group moral responsibility, and raises new questions concerning ‘conferred morality’ and self-fulfilling morals, and also forces us to question some implicit (...) assumptions of game-theory. (shrink)

The aim of this exploratory paper is to review an under-appreciated parallel between group agency and artificial intelligence. As both phenomena involve non-human goal-directed agents that can make a difference to the social world, they raise some similar moral and regulatory challenges, which require us to rethink some of our anthropocentric moral assumptions. Are humans always responsible for those entities’ actions, or could the entities bear responsibility themselves? Could the entities engage in normative reasoning? Could they even have rights and (...) a moral status? I will tentatively defend the (increasingly widely held) view that, under certain conditions, artificial intelligent systems, like corporate entities, might qualify as responsible moral agents and as holders of limited rights and legal personhood. I will further suggest that regulators should permit the use of autonomous artificial systems in high-stakes settings only if they are engineered to function as moral (not just intentional) agents and/or there is some liability-transfer arrangement in place. I will finally raise the possibility that if artificial systems ever became phenomenally conscious, there might be a case for extending a stronger moral status to them, but argue that, as of now, this remains very hypothetical. (shrink)

Groups behave in a variety of ways. To show that this behavior amounts to action, it would be best to fit it into a general account of action. However, nearly every account from the philosophy of action requires the agent to have mental states such as beliefs, desires, and intentions. Unfortunately, theorists are divided over whether groups can instantiate these states—typically depending on whether or not they are willing to accept functionalism about the mind. But we can avoid this debate. (...) I show how a more general view of action captures what is central to action without mentioning mental states, and I argue that a group’s members can fulfill the role in group action that mental states play in our actions. Group behavior is explicable in terms of reasons, regardless of whether the group itself cognizes those reasons. After discussing the kind of reasons at issue and arguing that groups can act in light of them without minds, I assess how this account bears on the question of group responsibility. (shrink)

This chapter will develop standards for assessing individual moral responsibility for collective action. In some cases, these standards expand a person’s responsibility beyond what she or he would be responsible for if performing the same physical behavior outside of a group setting. I will argue that structural differences between two ideal types of groups— organizations and goal- oriented collectives— largely determine the baseline moral responsibility of group members for the group’s collective action. (Group members can be more or less responsible (...) for collective action beyond that baseline due to personal qualities like knowledge of the intended collective outcome.) The same individual physical behavior can make the member of a goal-oriented collective responsible for the entire collective action to an equal degree with her fellow group members, whereas the typical organization member is only responsible for his contributory action. (shrink)

Some argue that if an agent intentionally participates in collective wrongdoing, that agent bears responsibility for contributing actions performed by other members of the agent’s collective. Some of these intention-state theorists distribute co-responsibility to group members by appeal to participatory intentions alone, while others require participants to instantiate additional beliefs or perform additional actions. I argue that prominent intention-state theories of co-responsibility fail to provide a compelling rationale for why participation in collective wrongdoing merits responsibility not only for one’s own (...) actions but the contributing actions of others as well. I propose that authorization agreements provide us with a suitable rationale. Authorization may be expressly given, as when one person signs a document authorizing another to advance her aims. Or, authorization may be tacitly or implicitly given by participating in and sufficiently contributing to a common plan. If a person authorizes an agent to act, it is right to blame the authorizer for what the agent does on the authorizer’s behalf. An authorization theory justifies the distribution of co-responsibility by appeal to the morally transformative power of agreement, thereby providing a compelling rationale for why a person may be to blame for contributing actions performed by other agents. (shrink)

While researchers in business ethics, moral philosophy, and jurisprudence have advanced the study of corporate agency, there have been very few attempts to bring together insights from these and other disciplines in the pages of the Journal of Business Ethics. By introducing to an audience of business ethics scholars the work of outstanding authors working outside the field, this interdisciplinary special issue addresses this lacuna. Its aim is to encourage the formulation of innovative arguments that reinvigorate the study of corporate (...) agency and stimulate further cross-fertilization of ideas between business ethics, law, philosophy, and other disciplines. (shrink)

Do responsibility voids exist? That is, are there situations in which the group is collectively morally responsible for some outcome although no member can be held individually morally responsible for it? To answer these questions, I draw a distinction between competitive and cooperative decision contexts based on the team-reasoning account of cooperation. Accordingly, I provide a reasoning-based analysis of cooperation, competition, moral responsibility, and, last, potential responsibility voids. I then argue that competitive decision contexts are free of responsibility voids. The (...) conditions for the existence of responsibility voids in cooperative decision contexts depend on the type of uncertainty the group faces, either external or coordination uncertainty. (shrink)

Much has been written about what corporations owe society and whether it is appropriate to hold them responsible. In contrast, little has been written about whether anything is owed to corporations apart from what is owed to their members. And when this question has been addressed, the answer has always been that corporations are not worthy of any distinct moral consideration. This is even claimed by proponents of corporate agency. In this paper, I argue that proponents of corporate agency should (...) recognize corporations as worthy of moral consideration. Though particular views of moral status are often taken for granted in the literature, corporations can satisfy many views of moral status given the capacities often ascribed to them. They can even meet the conditions of the views assumed. I conclude by suggesting that recognizing the moral status of corporations may not be as drastic or harmful as we might imagine. (shrink)

Thomas Pogge has argued, famously, that ‘we’ are violating the rights of the global poor insofar as we uphold an unjust international order which provides a legal and economic framework within which individuals and groups can and do deprive such individuals of their lives, liberty and property. I argue here that Pogge’s claim that we are violating a negative duty can only be made good on the basis of a substantive theory of collective action; and that it can only provide (...) substantive ethical guidance when combined with an account of how collective action gives rise to forward-looking responsibility and/or accountability on an individual level. I consider accounts of these two topics given in work by Peter French and Christopher Kutz; and I argue that neither of them give Pogge what he needs. Although there is a sense in which 'we' can be said to be violating the rights of the worst off, the sense in which this is true does not generate any plausible action-guiding claims for individuals. (shrink)

_ Source: _Page Count 19 Collectivities can have obligations beyond the aggregate of pre-existing obligations of their members. Certain such collective obligations _distribute_, i.e., become members’ obligations to do their fair share. In _incremental good_ cases, i.e., those in which a member’s fair share would go part way toward fulfilling the collectivity’s obligation, each member has an unconditional obligation to contribute.States are involuntary collectivities that bear moral obligations. Certain states, _democratic legal states_, are collectivities whose obligations can distribute. Many existing (...) states are democratic legal states, but none satisfies more rigorous requirements of distributive justice. There, citizens who hold assets, in excess of what is just, bear a distributed duty to dedicate that excess toward correcting the injustice. It is an incremental good case not conditioned on the conformity of others who are also wealthier than justice allows, nor on the diligence of the state in meeting its obligations. (shrink)

Are corporations and other complex groups ever morally responsible in ways that do not reduce to the moral responsibility of their members? Christian List, Phillip Pettit, Kendy Hess, and David Copp have recently defended the idea that they can be. For them, complex groups (sometimes called collectives) can be irreducibly morally responsible because they satisfy the conditions for morally responsible agency; and this view is made more plausible by the claim (made by Theiner) that collectives can have minds. In this (...) paper I give a new argument against the idea that collectives can be irreducibly morally responsible in the ways that individuals can be. Drawing on recent work in the philosophy of mind (what Uriah Kriegel calls "the phenomenal intentionality research program") and moral theory (David Shoemaker's tripartite theory of moral responsibility), I argue that for something to have a mind, it must be phenomenally conscious, and that the fact that collectives lack phenomenal consciousness implies that they are incapable of accountability, an important form of moral responsibility. (shrink)

In this paper I discuss a number of different relationships between two kinds of obligation: those which have individuals as their subject, and those which have groups of individuals as their subject. I use the name collective obligations to refer to obligations of the second sort. I argue that there are collective obligations, in this sense; that such obligations can give rise to and explain obligations which fall on individuals; that because of these facts collective obligations are not simply reducible (...) to individual obligations; and that collective obligations supervene on individual obligations, without being reducible to them. The sort of supervenience I have in mind here is what is sometimes called ‘global supervenience’. In other words, there cannot be two worlds which differ in respect of the collective obligations which exist in them without also differing in respect of the individual obligations which exist in them. (shrink)

This essay provides a critical overview of the debate about corporate moral responsibility. Parties to the debate address whether corporations are the kinds of entities that can be blamed when they cause unjustified harm. Proponents of CMR argue that corporations satisfy the conditions for moral agency and so they are fit for blame. Their opponents respond that corporations lack one or more of the capacities necessary for moral agency. I review the arguments on both sides and conclude ultimately that what (...) divides the two is not so much competing conceptions of the corporation as it is disagreement about what moral agency requires. Homing in on the real site of contention will, it is hoped, allow future participants in the debate to focus their efforts more productively. (shrink)

Individualists hold that moral responsibility can be ascribed to single human beings only. An important collectivist objection is that individualism is morally deficient because it leaves a normative residue. Without attributing responsibility to collectives there remains a “deficit in the accounting books” (Pettit). This collectivist strategy often uses judgment aggregation paradoxes to show that the collective can be responsible when no individual is. I argue that we do not need collectivism to handle such cases because the individualist analysis leaves no (...) responsibility-deficit. Harm suffered in such situations can have only two sources. Harm is either due to culpable wrongdoing by individuals. Harm is then redressed by holding these individuals responsible. Or harm does not result from culpable wrongdoing. Such harm may have to be redressed too, but not because anyone is responsible for it. Therefore, the charge of moral insensitivity against individualist accounts can be rejected. Furthermore, in the last section of the chapter I will show that collectivist talk about moral responsibility can be used for ethically questionable purposes as well. Collectivists cannot claim the moral high ground. (shrink)

This paper clarifies Searle's account of we-intentions and then argues that it is subject to counterexamples, some of which are derived from examples Searle uses against other accounts. It then offers an alternative reductive account that is not subject to the counterexamples.

In recent decades, concepts of group agency and the morality of groups have increasingly been discussed by philosophers. Notions of collective or joint duties have been invoked especially in the debates on global justice, world poverty and climate change. This paper enquires into the possibility and potential nature of moral duties individuals in unstructured groups may hold together. It distinguishes between group agents and groups of people which – while not constituting a collective agent – are nonetheless capable of performing (...) a joint action. It attempts to defend a notion of joint duties which are neither duties of a group agent nor duties of individual agents, but duties held jointly by individuals in unstructured groups. Furthermore, it seeks to illuminate the relation between such joint duties on the one hand and individual duties on the other hand. Rebutting an argument brought forward by Wringe, the paper concludes that it is not plausible to assume that all humans on earth can together hold a duty to mitigate climate change or to combat global poverty given that the members of that group are not capable of joint action. (shrink)

This paper considers the applicability of expressive theories of punishment to the punishment of corporate entities. The author argues that although arguments which suggest that the denunciatory account is superior to a communicative account in paradigmatic cases of punishment cannot be transferred straightforwardly to cover this kind of case, there are other reasons, connected with the different attitudes we have to regret and remorse in individual and collective cases, for preferring a communicative to a denunciatory account here.

This paper is concerned with a recent, clever, and novel argument for the need for genuine collectives in our ontology of agents to accommodate the kinds of normative judgments we make about them. The argument appears in a new paper by David Copp, "On the Agency of Certain Collective Entities: An Argument from 'Normative Autonomy'" (Midwest Studies in Philosophy: Shared Intentions and Collective Responsibility, XXX, 2006, pp. 194-221; henceforth ‘ACE’), and is developed in Copp’s paper for this special journal issue, (...) “The Collective Moral Autonomy Thesis” (henceforth ‘CAT’). The argument goes as follows. -/- (1) We correctly assign blame (or obligations) to collectives in circumstances in which it would be a mistake to assign any (relevantly related) blame (or obligations) to their members. (2) If (1), then collectives are genuine agents over and above their members. (3) Therefore, collectives are genuine agents over and above their members. -/- Following Copp, I call (1) the Collective Moral Autonomy Thesis (CMA). Copp argues for CMA primarily by appeal to cases, but also offers two general arguments for it. In the cases that Copp describes, we are to judge that a collective act is blameworthy, though each member of the group that acts is blameless because he is merely following procedures appropriate for his participation, or because there are excusing factors, or because of overriding personal duties. -/- I argue that the case for CMA has not been made. In particular, I argue that, in each case in which we feel inclined to hold a group responsible for something but not its members, it is because -/- 1. we have accepted a false dilemma, that when no one agent is fully responsible for the action of a group of which he is a member, the only entity that could be responsible is the group as such, or 2. we have directed our attention to the wrong individual or individuals, or 3. we have become confused about the commitments of the individuals, or 4. we have mistaken ameliorating for excusing factors, or 5. we have mistaken moral blameworthiness and all-in rational blameworthiness, or 6. a combination of these things. (shrink)

This paper offers an analysis of the logical form of plural action sentences that shows that collective actions so ascribed are a matter of all members of a group contributing to bringing some event about. It then uses this as the basis for a reductive account of the content of we-intentions according to which what distinguishes we-intentions from I-intentions is that we-intentions are directed about bringing it about that members of a group act in accordance with a shared plan.

I argue that agents can have duties to cooperate with one another if this increases their combined efficiency and/or efficacy in addressing ongoing collective moral problems. I call these duties cooperative duties of efficiency and efficacy. I focus particularly on collective agents and how agents ought to reason and act in the face of global moral problems. After setting out my account, I argue that a subset of cooperative duties of efficiency and efficacy of collective agents are duties of justice (...) in virtue of the roles these agents have taken up. (shrink)

Collective moral agents can cause their own moral incapacity. If an agent is morally incapacitated, then the agent is exempted from responsibility. Due to self-induced moral incapacity, corporate responsibility gaps resurface. To solve this problem, I first set out and defend a minimalist account of moral competence for group agents. After setting out how a collective agent can cause its own moral incapacity, I argue that self-induced temporary exempting conditions do not free an agent from diachronic responsibility once the agent (...) regains its moral faculties. For collective agents, any exempting condition is potentially temporary due to the ‘malleability’ of their constitution. Therefore, in cases of self-induced moral incapacity and subsequent wrongdoing, unlike individuals, every collective agent can be (made) morally responsible for its actions even though it did not qualify as a moral agent at the time of wrongdoing. Hence, this is no reason for skepticism concerning corporate responsibility. (shrink)

In recent years, collective agency and responsibility have received a great deal of attention. One exciting development concerns whether collective, non-distributive responsibility can be assigned to collective non-agents, such as crowds and nation-states. I focus on an underappreciated aspect of these arguments—namely, that they sometimes derive substantive ontological conclusions about the nature of collective agents from these responsibility attributions. I argue that this order of inference, whose form I represent in what I call the Spaghetti Western Argument, largely fails, even (...) if the cases described are all too common. I show that it does not generate a generalizable, reliable conclusion about the kind of entity that is the plausibly responsible party. In particular, a group may lack agency in a given instance, be non-distributively responsible in that same instance and yet be a collective agent across time. (shrink)

BackgroundPublic involvement activities are promoted as measures for ensuring good governance in challenging fields, such as biomedical research and innovation. Proponents of public involvement activities include individual researchers as well as non-governmental and governmental organizations. However, the concept of ‘public’ in public involvement deserves more attention by researchers because it is not purely theoretical: it has important practical functions in the guidance, evaluation and translation of public involvement activities.DiscussionThis article focuses on collective agency as one property a public as a (...) small group of participants in a public involvement activity could exhibit. It introduces a prominent theoretical approach to collective agents as one specific kind of social entities and demonstrates how this approach can be applied to current practice in public involvement activities. A brief discussion of different types of representation as they are used in the existing literature on this topic is also included because representation and collective agency can be closely related to each other. Suggestions and ideas that are derived from this reasoning include the proposal to use a ‘validity check’ for the generation of collective agents as a regular element of certain types of public involvement activities, the consequences of combining collective agency and representativeness as a further property a public could exhibit, and standards for reporting the content of public involvement activities in scientific publications.SummaryThis article discusses the importance of the concept of ‘public’ in public involvement activities, with a focus on biomedical research and innovation. It introduces various practically relevant ideas that are based on a theoretical analysis of collective agency as an important property a public can possess. (shrink)

People are often responsible for what they do, but they also often possess an excuse. One of the most common excuses is ignorance. Not all ignorance constitutes an excuse, however, for some ignorance is culpable and culpable ignorance is no excuse. But what about group agents? In our everyday practices, we blame group agents constantly. But if groups can be blameworthy, they plausibly can also be excused. Surely one such excuse is ignorance. But, as with individual agents, some group ignorance (...) is also surely culpable. How should we understand the culpable ignorance of group agents? In this paper, I argue for two conditional claims that together constitute what I call the Group Justification Thesis, which is a group-agent adaptation of the Justification Thesis put forth by Biebel [(2018). ‘Epistemic Justification and the Ignorance Excuse.’ Philosophical Studies 175 (12): 3005–3028]: (i) A group agent is excused because of ignorance only if that ignorance is justified, and (ii) a group agent is culpable despite being ignorant only if that ignorance is not justified. One interesting upshot of this view is that a group agent can be culpably ignorant even though none of the members are culpable for their ignorance. (shrink)

As information technologies have become synonymous with progress in modern society, several ethical concerns have surfaced about their societal implications. In the past few decades, information technologies have had a value-laden impact on social evolution. However, there is limited agreement on the responsibility of businesses and innovators concerning the ethical aspects of information technologies. There is a need to understand the role of business incentives and attitudes in driving technological progress and to understand how they steer the ethics discourse on (...) technology. In the information technology industry, there is an observed trivialization of ethics supported by a business driven and technology-centric approach to ethics. This trivialization rests on hardened beliefs, ideologies, and arguments which hint at reduced accountability for business and tend to individualize social responsibility. The phenomenon of ethics trivialization needs to be duly addressed to resolve the tensions between business needs and ethical concerns. This paper has identified from literature and conceptually analyzed the beliefs and ideologies underlying ethics trivialization which undermine ethics in business contexts. The paper has attempted to address the business concerns indicated by this phenomenon as well as highlight the weaknesses of its assumptions, rhetoric, and justifications. The aim of this paper is to systematically present the justifications in favor of and against the practice of ethics trivialization in the information technology domain, thereby highlighting the need to develop frameworks for assessment of ethical responsibility, accountability, and democratization of the value trade-offs involved in the design of technologies. (shrink)

There is good reason to think that moral responsibility as accountability is tied to the violation of moral demands. This lends intuitive support to Type-Symmetry in the collective realm: A type of responsibility entails the violation or unfulfillment of the same type of all-things-considered duty. For example, collective responsibility necessarily entails the violation of a collective duty. But Type-Symmetry is false. In this paper I argue that a non-agential group can be collectively responsible without thereby violating a collective duty. To (...) show this I distinguish between four types of responsibility and duty in collective contexts: corporate, distributed, collective, shared. I set out two cases: one involves a non-reductive collective action that constitutes irreducible wrongdoing, the other involves a non-divisible consequence. I show that the violation of individual or shared duties both can lead to irreducible wrongdoing for which only the group is responsible. Finally, I explain why this conclusion does not upset any work on individual responsibility. (shrink)

Individualists claim that collective obligations are reducible to the individual obligations of the collective’s members. Collectivists deny this. We set out to discover who is right by way of a deontic logic of collective action that models collective actions, abilities, obligations, and their interrelations. On the basis of our formal analysis, we argue that when assessing the obligations of an individual agent, we need to distinguish individual obligations from member obligations. If a collective has a collective obligation to bring about (...) a particular state of affairs, then it might be that no individual in the collective has an individual obligation to bring about that state of affairs. What follows from a collective obligation is that each member of the collective has a member obligation to help ensure that the collective fulfills its collective obligation. In conclusion, we argue that our formal analysis supports collectivism. (shrink)

In his 2007 Ethics article, “Responsibility Incorporated,” Philip Pettit argued that corporations qualify as morally responsible agents because they possess autonomy, normative judgment, and the capacity for self-control. Although there is ongoing debate over whether corporations have these capacities, both proponents and opponents of corporate moral agency appear to agree that Pettit correctly identified the requirements for moral agency. In this article, I do not take issue with either the claim that autonomy, normative judgment, and self-control are the requirements for (...) moral agency or the claim that corporations possess them. I claim that if both of these claims are correct, then corporate moral agency entails that, in a liberal democracy, corporations should have the right to vote. I show that under the conception of democracy supported by most liberal political theorists, all parties subject to the law are entitled to the right to vote, and all parties that possess autonomy, normative judgment, and self-control are subject to the law. Therefore, if the proponents of corporate moral agency are correct, then corporations satisfy the requirements for the right to vote. I then consider potential objections to this argument. I show that the strongest objection to the corporate right to vote is undermined by Pettit’s own argument for corporate autonomy. I then show that objections derived from other arguments for limiting the rights of corporations are equally unavailing. I conclude with some observations about the implications of my argument for the question of corporate speech rights. (shrink)

_ Source: _Page Count 19 Collectivities can have obligations beyond the aggregate of pre-existing obligations of their members. Certain such collective obligations _distribute_, i.e., become members’ obligations to do their fair share. In _incremental good_ cases, i.e., those in which a member’s fair share would go part way toward fulfilling the collectivity’s obligation, each member has an unconditional obligation to contribute.States are involuntary collectivities that bear moral obligations. Certain states, _democratic legal states_, are collectivities whose obligations can distribute. Many existing (...) states are democratic legal states, but none satisfies more rigorous requirements of distributive justice. There, citizens who hold assets, in excess of what is just, bear a distributed duty to dedicate that excess toward correcting the injustice. It is an incremental good case not conditioned on the conformity of others who are also wealthier than justice allows, nor on the diligence of the state in meeting its obligations. (shrink)

Corporate responsibility requires a conception of collective agency on which collective agents are able to form moral judgments and act on them. In spite of claims to the contrary, existing accounts of collective agency fall short of this kind of corporate autonomy, as they fail to explain how collective agents might be responsive to moral reasons. I discuss how a recently proposed conception of shared valuing can be used for developing a solution to this problem. Although the resulting conception of (...) corporate autonomy is useful for making sense of corporate responsibility, it also gives rise to what I call ‘the Corporate Autonomy Problem’. Autonomous collective agents are in principle entitled to the same rights as autonomous individual agents. However, at least some individual rights, such as the right to vote, the right to life, and the right not to be enslaved cannot plausibly be attributed to collective agents. This intuition is supported by normative individualism, the position according to which corporate agents are not entitled to non-derivative rights at all. I argue that without a proper solution to this problem—I sketch the available options—saving corporate responsibility requires giving up on normative individualism. (shrink)

This paper examines the structure of moral responsibility for outcomes. A central feature of the analysis is a condition that we term the ‘avoidance potential’, which gives precision to the idea that moral responsibility implies a reasonable demand that an agent should have acted otherwise. We show how our theory can allocate moral responsibility to individuals in complex collective action problems, an issue that sometimes goes by the name of ‘the problem of many hands’. We also show how it allocates (...) moral responsibility in the classic Frankfurt example. (shrink)

This work employs Elizabeth Cripps’ collectivist account of responsibility for climate change in order to ground an individual duty to reduce one’s GHG emissions. This is significant not only as a critique of Cripps, but also as an indication that even on some collectivist footings, individuals can be assigned primary duties to reduce their emissions. Following Cripps, this work holds the unstructured group of GHG emitters weakly collectively responsible for climate change harms. However, it argues against Cripps that what follows (...) from this is a corresponding collective duty to act qua group to bring about an end to the harm and a derivative duty for each emitter to promote the required organization of a group capable of this. Instead, this work argues that acts of GHG emission, to the extent that they are avoidable and performed with requisite knowledge, make one into a member of a group that is morally responsible for climate-related harms. Thus, individual emitters who can do otherwise should recognize themselves as members of a group that collectively harms. Subsequently, they should take all possible steps in order to renounce their membership (e.g. by reducing their GHG emissions). (shrink)

A central argument for non-reductive accounts of group agency is that complex social entities are capable of exerting causal influence independently of and superseding the causal efficacy of the individuals constituting them. A prominent counter is that non-reductionists run into an insuperable dilemma between identity and redundancy – with identity undermining independent higher-level efficacy and redundancy leading to overdetermination or exclusion. This paper argues that critics of non-reductionism can manage with a simpler and more persuasive reductio strategy called mapping: allow (...) that group agents are causally efficacious in their own right and chart how their causal efficacy is carried out; how it relates to the causal efficacy of individual determiners; how it connects to the causal relevance of background structural factors. The focus exclusively on whether groups are or are not causally efficacious black-boxes implementation, while close attention to how causation is wired increases the visibility of individualist arguments and countenances structure-oriented explanations. (shrink)

Jeff McMahan famously defends a moral inequality of combatants, where liability to be attacked and potentially killed in war, should be grounded in the individual combatant’s moral responsibility for posing an unjust threat. In a response, Seth Lazar shows that McMahan’s criterion for liability leads to an unacceptable dilemma between “contingent pacifism” and “total war”, i.e. between war being practically infeasible, or implausibly many civilians being legitimate targets. The problem is that McMahan grounds liability mainly in the individual’s causal responsibility (...) for posing an unjust threat, but where a large proportion of combatants and civilians are approximately equally causally responsible. Recently, Saba Bazargan has come to the aid of McMahan by injecting an alternative supplementary criterion for liability, namely the individual’s complicity in a group act. This criterion is supposed to uphold the noted moral inequality, while avoiding the responsibility dilemma, by grounding moral incrimination in the individual’s participatory intention, instead of her causal contribution. I argue that the complicity account fails to resolve the dilemma. It fails because complicity grounded in a causally inert participatory intention is insufficient for liability. Further, I show why this reveals a deeper problem with the complicity account itself, namely that though it purports to ground incrimination non-causally, it fails to do so to any serious extent. (shrink)

Does Kantian moral agency require phenomenal consciousness? More to the point, can firms (and other highly organized collectives) be Kantian moral agents—bound by Kantian obligations—in the absence of consciousness? After sketching the mechanics of my account of corporate agents, I consider three increasingly demanding accounts of Kantian moral agency, concluding that corporate agents can meet each successively higher threshold. They can (1) act on universalizable principles and treat humanity as an end in itself; (2) give such principlesto themselves,treattheir own‘humanity’ as (...) an end itself, and act out of respect for the law; and (3) to the extent necessary, draw on empathically generated information and insights to inflect their performance, all in the absence of phenomenal consciousness. I close by rejecting two further arguments that phenomenal consciousness is nonetheless conceptually or practically necessary for Kantian moral agency. (shrink)