We study whether robots can satisfy the conditions of an agent fit to be held morally responsible, with a focus on autonomy and self-control. An analogy between robots and human groups enables us to modify arguments concerning collective responsibility for studying questions of robot responsibility. We employ Mele’s history-sensitive account of autonomy and responsibility to argue that even if robots were to have all the capacities required of moral agency, their history would deprive them from autonomy in a responsibility-undermining way. (...) We will also study whether humans and technological artifacts like robots can form hybrid collective agents that could be morally responsible for their actions and give an argument against such a possibility. (shrink)

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)

Principles of distributive justice bind macro-level institutional agents, like the state. But what does justice require in non-ideal circumstances, where institutional agents are unjust or do not e...

Duties to reduce global poverty are often portrayed as collective duties to assist. At first glance this seems to make sense: since global poverty is a problem that can only be solved by a joint effort, the duty to do so should be considered a collective duty. But what exactly is meant by a ‚joint‘ or ‚collective‘ duty? This paper introduces a distinction between genuinely cooperative and cumulative collective actions. Genuinely cooperative actions require mutually responsive, carefully adjusted contributory actions by (...) cooperating agents, while contributions to cumulative actions are largely independent. The global affluent’s obligation to combat global poverty is not an obligation to perform a genuinely cooperative action. Instead, for most of us the morally best response is to contribute to existing cumulative endeavours. Our obligation to donate money to suitable organisations is a duty to contribute to cumulative action. Collective actions can produce fixed-sum or incremental goods. A collective obligation to produce a fixed-sum good is not distributive, that is, it is an obligation of the plurality of agents as such. This applies to obligations requiring both genuinely cooperative and cumulative actions. I call these kinds of obligations strongly collective obligations. However, for incremental goods the implications are less clear. There, the parameters for moral compliance are not dictated by problem for remedy as such. Rather, the magnitude of the required good is the sum of individually adequate contributions. What is collectively required depends on what is individually required. I propose to call these kinds of obligations weakly collective obligations. It turns out that we – the affluent – have a collective obligation to combat global poverty only in the weak sense. The obligation is collective in the sense that there is joint necessity and that we must contribute to a collective endeavour. Our donations are intended as contributions to a shared goal. But our duty to combat poverty is not a collective duty in the non-distributive, strong sense. This means that we need not necessarily take up the slack left by others or else stop contributing when others do more than their fair share. (shrink)

Corporations have often been taken to be the paradigm of an organization whose agency is autonomous from that of the successive waves of people who occupy the pattern of roles that define its structure, which licenses saying that the corporation has attitudes, interests, goals, and beliefs which are not those of the role occupants. In this essay, I sketch a deflationary account of agency-discourse about corporations. I identify institutional roles with a special type of status function, a status role, in (...) which the collectively accepted function is expressed in part through its occupier’s intentional expression of her agency in that role. I identify institutions as systems of status roles and show how this is compatible with seeing the agency of institutions generally, even over time periods in which there is complete change in role occupiers, as a matter of the contributions only of individual agents. I explain how the reduction of the institution to its members is compatible with its potentially having had a completely different membership. I show in the case of the corporation in particular that, once we see its origins and function, the surface features of legal discourse about corporate agency are misleading and are compatible with a deflationary account of corporate agency. I show in connection with this that the corporation is to be identified with its shareholders, and that where a corporation separates ownership and control, its managers and employees are proxy agents of the shareholders doing business under the corporate form. Finally, I canvass the legitimate ways of construing ordinary talk about corporate intention, belief, and so on, in light of this, none of which support the attribution of genuine agency or intentionality to any group per se associated with the corporation. (shrink)

Obgleich die Ausdrücke ‚moralische Pflicht’ und ‚moralische Verantwortung’ auf den ersten Blick nahezu austauschbar scheinen, ist in einigen Debatten dennoch fast ausschließlich von moralischer Verantwortung die Rede. Dies gilt insbesondere für die moralische Beurteilung von individuellen Handlungen in kollektiven Kontexten. Hier scheint die Rede von einer ‚kollektiven Verantwortung‘ besonders attraktiv zu sein. In diesem Aufsatz setze ich mich diesem Trend entgegen und argumentiere dafür, dem Pflichtbegriff in kollektiven Kontexten gegenüber dem Begriff der Verantwortung den Vorrang zu geben. Mein Fokus liegt (...) hierbei auf einer bestimmten Art von Handlungen in kollektiven Kontexten, nämlich auf Handlungen in sogenannten Aggregatkollektiven. Von Aggregatkollektiven verursachte Schäden sind häufig kumulative Schäden, bei denen die Handlungen der Mitglieder eines Aggregatkollektivs einzeln betrachtet keinen merklichen Unterschied für das Auftreten des Schadens machen. Die Rede von Verantwortung legt ein Haftbarkeitsmodell moralischer Verantwortung nahe, welches sich in Bezug auf Handlungen in Aggregatkollektiven als problematisch erweist. Ich zeige, dass Kants Konzeption unvollkommener Pflichten eine vielversprechende Alternative zu dem kausal gefärbten Begriff der moralischen Verantwortung darstellt. Durch den Spielraum, den unvollkommene Pflichten Akteuren lassen, bieten sie eine ähnliche Offenheit wie der Begriff der moralischen Verantwortung. Anders als die Zuschreibung von Verantwortung vermeidet die Rede von unvollkommenen Pflichten jedoch die in kollektiven Kontexten oft inadäquate und kontraproduktive Assoziation von Haftung und Schuld. (shrink)

Individuals have various kinds of obligations: keep promises, don’t cause harm, return benefits received from injustices, be partial to loved ones, help the needy and so on. How does this work for group agents? There are two questions here. The first is whether groups can bear the same kinds of obligations as individuals. The second is whether groups’ pro tanto obligations plug into what they all-things-considered ought to do to the same degree that individuals’ pro tanto obligations plug into what (...) they all-things-considered ought to do. We argue for parity on both counts. (shrink)

The use of the nomer ‘corporate’ is hardly an issue in contemporary scholarship on corporate governance. I will argue that this nomer is important for two main reasons. First, the corporate form distinguishes itself from any other form of business representation. In this sense, it is important to know exactly how this form is different to understand how conceptions of ‘corporate governance’ relate to different forms of representation. Second, it is my contention that the use of a particular understanding of (...) incorporation directly informs the concept of internal governance in terms of constituency, structure, ownership and the locus of corporate agency. It is in this sense that I argue that the identification of corporate constituencies and the allocation of agency and ownership is a precondition of business ethics. With this aim in mind, I explore the governance in corporations as the result of the legal understanding of incorporation and the separate legal entity. I explore two historical positions from which five legal positions on the separate legal entity can be derived. These five positions provide reference points for the attribution of ownership and agency between the separate legal entity and the aggregation of individuals that together make up the corporation. Incorporation, as the legal act that constitutes the corporation, can then be shown to adopt multiple and mutually exclusive positions. These positions are central to the debate on the respective claims to agency and ownership between the separate legal entity and the aggregation of individuals. I then end the article by arguing that all concepts of incorporation create legal and economic issues regarding the allocation of ownership and agency, which makes their understanding and the choice behind them important for theories of governance. (shrink)

The existence of group agents is relatively widely accepted. Examples are corporations, courts, NGOs, and even entire states. But should we also accept that there is such a thing as group consciousness? I give an overview of some of the key issues in this debate and sketch a tentative argument for the view that group agents lack phenomenal consciousness. In developing my argument, I draw on integrated information theory, a much-discussed theory of consciousness. I conclude by pointing out an implication (...) of my argument for the normative status of group agents. (shrink)

According to Kant, it is impermissible to treat humanity as a mere means. If we accept Kant's equation of humanity with rational agency, and are literalists about ascriptions of agency to collectives it appears to follow that we may not treat collectives as mere means. On most standard accounts of what it is to treat something as a means this conclusion seems highly implausible. I conclude that we are faced with a range of options. One would be to rethink the (...) equation of humanity with rationality. Another would be to abandon the prohibition on treating as a means. The last would be to abandon literalist construals of attribution of agency to collectives. (shrink)

Editors’ Overview: Moral Responsibility in Technology and Engineering Content Type Journal Article Category Original Paper Pages 1-11 DOI 10.1007/s11948-011-9285-z Authors Neelke Doorn, Department of Technology, Policy and Management, Delft University of Technology, P.O. Box 5015, 2600 GA Delft, The Netherlands Ibo van de Poel, Department of Technology, Policy and Management, Delft University of Technology, P.O. Box 5015, 2600 GA Delft, The Netherlands Journal Science and Engineering Ethics Online ISSN 1471-5546 Print ISSN 1353-3452 Journal Volume Volume 18 Journal Issue Volume 18, (...) Number 1. (shrink)

I address three topics. First, I argue that the issue of corporate moral responsibility is an important one for business ethics.Second, I examine a core argument for the claim that the corporate organization is a separate moral agent and show it is based on anunnoticed but elementary mistake deriving from the fallacy of division. Third, I examine the assumptions collectivists make about whatit means to say that organizations act and that they act intentionally and show that these assumptions are mistaken (...) in their failure to understand the nature of intentional causality and of “as-if” intentionality. In exposing these mistakes I set out my own view in the form oftwo theses, the first of which states that individual members of an organization are always causally responsible for any corporate act,and the second of which states that attributions of intentions to corporations are always either descriptive or prescriptive attributionsof “as if” intentionality. (shrink)

Some legal theorists deny that states can conceivably act extra-legally, in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen, and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and, ultimately, contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.

There is a common intuition that genocide is qualitatively distinct from, and much worse than, mass murder. If we concentrate on the most obvious differences between genocidal killing and other cases of mass murder it is difficult to see why this should be the case. I argue that many cases of genocide involve not merely individual evil but a form of collective action manifesting a collective evil will. It is this that explains the moral distinctiveness of genocide. My view contrasts (...) with one put forward by Claudia Card, though we both agree that the notion of ‘‘social death’’ plays a significant role here. (shrink)

[Opening paragraph:] Ontological realism or holism about social groups is the thesis that groups are composite material particulars. Social groups are entities over which we quantify in the set of our best descriptions and explanations of the social world. The realist explains that a group considered in its own right can be causally responsible for the production of events or states of affairs. We do more than just describe and furnish explanations of the phenomena of the social world. In our (...) ordinary discourse and in the arenas of policy formation, legislation and the administration of laws we make moral judgments of groups and seek to direct action toward them. Granted realism about groups the concern of the present paper is the sense in or extent to which we can talk literally of a group as such being morally responsible, and, in particular, of whether it is apt to make responsibility judgments of large groups such as nations. That is, whether a group considered as an entity in its own right can be the appropriate bearer of the full-blown ascription of moral responsibility. For when we talk of individuals being collectively responsible we seem to just pick out as the responsible party them as a group—the individual members regarded jointly or collectively as one unit. (shrink)

Can a business be said to demonstrate moral virtues, and does being virtuous mean that it is more likely to behave ethically?

Does it make sense to talk about corporate responsibility for climate change mitigation? Through utilizing systems thinking, I will argue that mitigation should be incorporated into corpora...

Multiculturalism has become a hot topic in political philosophy. This thesis investigates the philosophical foundations of multicultural theories through examining the key concepts commonly relied upon. A careful examination of each concept and the way in which they are interconnected, reveals an interesting strategy that the multiculturalist employs. It is my contention that the multiculturalist relies on a complex web of nebulous concepts which fools the reader into thinking that their theory rests on strong foundations. However, when we clear away (...) the fog of confusion, we can see that the multiculturalist has presented us with an illusion, and none of the concepts remain strong enough to hold any of the normative weight they need them to. Multiculturalism relies on grandiloquent rhetoric and muddled thinking, and will ultimately fail to achieve the liberal goals it purports to. (shrink)

In this paper I provide a theory of the speech act of assertion according to which assertion is a species of joint action. In doing so I rely on a theory of joint action developed in more detail elsewhere. Here we need to distinguish between the genus, joint action, and an important species of joint action, namely, what I call joint epistemic action. In the case of the latter, but not necessarily the former, participating agents have epistemic goals, e.g., the (...) acquisition of knowledge. It is joint epistemic action that assertion is a species of. (shrink)

The debate surrounding the issue of collective moral responsibility is often steeped in metaphysical issues of agency and personhood. I suggest that we can approach the metaphysical problems surrounding the issue of collective responsibility in a roundabout manner. My approach is reminiscent of that taken by P.F. Strawson in "Freedom and Resentment" (1968). Strawson argues that the participant reactive attitudes - attitudes like resentment, gratitude, forgiveness and so on - provide the justification for holding individuals morally responsible. I argue that (...) the framework of the reactive attitudes extends to collectives and provides the justification for holding collectives morally responsible. (shrink)

This paper examines the extent to which the voluntary adoption of codes of conduct by multinational corporations rendersMNCs accountable for the performance of actions specified in a code of conduct. In particular, the paper examines the ways in which codes of conduct coordinate the expectations of relevant parties with regard to the provision of assistance by MNCs on grounds of rescue or justice. The paper argues that this coordinative role of codes of conduct renders MNCs more accountable for the performance (...) of actions specified in a code of conduct than they would be without a code of conduct. This interpretation of the significance of codes of conduct is contrasted with the view that codes of conduct render MNCs accountable for performing actions specified in a code of conduct by grounding contractual obligations for the performance of such actions. (shrink)

Abstract:Should the responsibilities of business managers be understood independently of the social circumstances and “market forces” that surround them, or (in accord with empiricism and the social sciences) are agents and their choices shaped by their circumstances, free only insofar as they act in accordance with antecedently established dispositions, their “character”? Virtue ethics, of which I consider myself a proponent, shares with empiricism this emphasis on character as well as an affinity with the social sciences. But recent criticisms of both (...) empiricist and virtue ethical accounts of character deny even this apparent compromise between agency and environment. Here is an account of character that emphasizes dynamic interaction both in the formation and in the interplay between personal agency and responsibility on the one hand and social pressures and the environment on the other. (shrink)

Let us begin with a fundamental realization: No amount of thinking and no amount of public policy have brought us any closer to understanding and solving the problem of crime. The more we have reacted to crime, the farther we have removed ourselves from any understanding and any reduction of the problem. In recent years, we have floundered desperately in reformulating the law, punishing the offender, and quantifying our knowledge. Yet this country remains one of the most crime-ridden nations. In (...) spite of all its wealth, economic development, and scientific advances, this country has one of the worst crime records in the world.With such realization, we return once again—as if starting anew—to the subject of crime, a subject that remains one of our most critical indicators of the state of our personal and collective being. If what is to be said seems outrageous and heretical, it is only because it is necessarily outside the conventional wisdom both of our understanding of the problem and of our attempt to solve it. (shrink)

Donaldson argues that agreeing with Hardin to banish deontological justifications from international discussion amounts to abandoning the power of deontology to interpret political intent and to establish hard limits on political behavior.

ABSTRACTIn this article, I examine the extent to which military officers are morally responsible for the actions of others by virtue of shared membership in various groups. I argue that career military officers share membership in morally relevant groups that include their branch of service, Department of Defense and the entire Executive Branch of Government, and I outline the circumstances under which career officers bear moral culpability for the actions of members of this group. A number of implications arise from (...) these findings. The first and most important is that military officers have an interest in ensuring the moral rectitude of government agents specifically as it pertains to their official capacities. Additionally, military officers have a duty not only to be informed about problematic government policies but also to educate themselves on the pertinent legal jurisprudence or ethical considerations. Finally, the Constitutional Paradigm of Military Ethics may be an insufficient guide for the part.. (shrink)

In recent years, the stakeholder approach has been widely applied in the debate on corporate social responsibility (CSR). Although many authors of this approach have reviewed many elements of the model, they have unconditionally accepted several criteria assumed by Freeman ( 1984 ) to identify stakeholders. In general, stakeholder authors have assumed that (a) the company establishes dyadic relationships with other agents, and (b) decisions made by a company only have foreseen and direct effects on other agents. These criteria have (...) enabled researchers to understand simple processes. However, they have also prevented researchers from explaining how action comes about, and how responsibility is shared, in many complex processes taking place in contemporary societies. Such complex processes involve many agents, and each decision can generate unexpected effects which accumulate or disseminate. Furthermore, the normative structure governing these processes can affect and/or be affected by the actions of agents. In this study, we propose new criteria to expand the stakeholder model and facilitate the study of CSR in such processes. (shrink)

Should we conceive of corporations as entities to which moral responsibility can be attributed? This contribution presents what we will call a political account of corporate moral responsibility. We argue that in modern, liberal democratic societies, there is an underlying political need to attribute greater levels of moral responsibility to corporations. Corporate moral responsibility is essential to the maintenance of social coordination that both advances social welfare and protects citizens' moral entitlements. This political account posits a special capacity of self-governance (...) that corporations can intelligibly be said to possess. Corporations can be said to be "administrators of duty" in that they can voluntarily incorporate moral principles into their decision-making processes about how to conduct business. This account supplements and partly transforms earlier pragmatic accounts of corporate moral responsibility by disentangling responsibility from its conventional linkages with accountability, blame and punishment. It thereby represents a distinctive way to defend corporate moral responsibility and shows how Kantian thinking can be helpful in disentangling the problems surrounding the concept. (shrink)

Indigenous cultural possessions constitute a diverse global issue. This issue includes some culturally important, intangible tribal objects. This is evident in the Australian copyright cases viewed in this study, which provide examples of disputes over traditional Indigenous visual art. A proposal for the legal recognition of Indigenous cultural possessions in Australia is also reviewed, in terms of a new category of law. When such cultural objects are in an artistic form they constitute the tribe's self-presentation and its mechanism of cultural (...) continuity. Philosophical arguments for the legal recognition of Indigenous intellectual `property' tend to assume that the value of Indigenous intellectual property is determinable on external criteria. (shrink)

The United States is using the theme of rights to build its unilateralism. In order to transform this unilateralism into a convincing universalism, it needs to reinforce its “soft power,” appeal to its partners and convince them of the necessity of its initiatives. Aggressive or offensive rights and crude unilateral military interventions are dangerous per se; they might also endanger American power in the long run. Culturally, this challenge is rooted in America’s origins and in its enthusiastic desire to reform (...) the world. In that respect, the shaping of a so-called “world community,” America is challenging continental Europe and its hierarchical universal power rooted in Catholic verticality. On the contrary, the U.S. conception of power is based on a horizontal dynamic, inspired by the structure of the reformation movement. American coercive rights are defying a universal powerless law; Luther is certainly taking its revenge against Rome. Indeed, as for now, America’s universal competence turns out to be more effective than the ICC. However, if the United States does not take into account its own aspirations to define universal norms, it will be more and more difficult for the United States to justify the necessity of its military decisions. any step back to crude realism could be a fatal regression. It will be a mistake for the pursuit of America’s own interests; it would also most probably endanger the stability of the international system, as it would foster rivalries and hostile reactions. (shrink)

Abstract:In this paper we highlight the emergence of organizational ethics issues in health care as an important outcome of the changing structure of health care delivery. We emphasize three core themes related to business ethics and health care ethics: integrity, responsibility, and choice. These themes are brought together in a discussion of the process of Mission Discernment as it has been developed and implemented within an integrated health care system. Through this discussion we highlight how processes of institutional reflection, such (...) as Mission Discernment, can help health care organizations, as well as corporations, make critical choices in turbulent environments that further the core mission and values and fulfill institutional responsibilities to a broad range of stakeholders. (shrink)

Corporate freedom is the freedom of a collective agent to perform a joint action. According to a reductive account, a collective or corporate agent is free exactly if the individuals who constitute the corporate agent are free. It is argued that individual freedoms are neither necessary nor sufficient for corporate freedom. The alternative account proposed here focuses on the performance of the joint action by the corporate agent itself. Subsequently, the analysis is applied to Cohen’s (1983) analysis of proletarian freedom. (...) Cohen claims that proletarians are individually free but collectively unfree to leave the proletariat. I argue that, pace Cohen, such a contrast between individual and collective freedom can only exist if collective freedom is interpreted in terms of corporate freedom. (shrink)

Abstract:This study tests the usefulness of a person-situation interactionist framework in examining the willingness of a salesperson to lie to get an order. Using a survey of 389 salespersons, our results demonstrate that organizational relationships influence willingness to lie. Specifically, salespersons are less willing to lie to their own company than to their customer, than to a channel partner, and finally, than to a competitor firm. Furthermore, respondents from firms with a clear and positive ethical climate are less willing to (...) lie. Finally, our study finds that interactions between personality factors, such as high Machiavellianism and high self-monitoring, and situational factors have an impact on willingness to lie. Our results suggest that firms can take steps to influence employee ethical behavior. (shrink)

Abstract:This article addresses the issue of whether and to what extent moral values can be attributed to collective actors. The paper starts from the premise that business ethics as the ethics of an organization is to be distinguished from the virtues of its members. This point is elaborated in both economic- and organization-theoretic terms within the framework of the New Economics of Organization. The result is the development of a concept of governance ethics. The ethics of governance is about the (...) incorporation of moral conditions and requirements in the management, governance, and control structures of a firm. This is the contextual precondition for the long-lasting and beneficial effects of the virtues of individuals within the organizations. (shrink)

It is commonly thought that when democratic states act wrongly, they should bear the costs of the harm they cause. However, since states are collective agents, their financial burdens pass on to their individual citizens. This fact raises important questions about the proper distribution of the state’s collective responsibility for its unjust policies. This article identifies two opposing models for sharing this collective responsibility in democracies: first, in proportion to citizens’ personal association with the unjust policy; second, by giving each (...) citizen an equal share of the costs. Proportional distribution is compatible with the principle of fairness. And yet, both in the literature and in political praxis we find many supporters for the equal sharing of the costs of unjust policies in democracies. How can equal distribution be defended on normative grounds? This article develops a defense that is grounded in citizens’ associative obligations. I argue that, at least in some democracies, one of the intrinsic values of the civic bond revolves around the joint formation and execution of worthy political goals. This social good generates the political associative obligation to accept an equal distribution of the costs of unjust policies. (shrink)

Some harms are such that they cannot be prevented by a single individual because she lacks the requisite control. Because of this, no individual has the obligation to do so. It may be, however, that the harm can be prevented when several individuals combine their efforts. I argue that in many such situations each individual has a duty to join forces: to approach others, convince them to contribute, and subsequently make a coordinated effort to prevent the harm. A distinctive feature (...) of this proposal is that, in the first instance, it focuses on mobilizing others rather than on preventing the outcome. As it ultimately concerns a collective harm, the duty to join forces is irreducibly collective. Furthermore, once enough people have been mobilized, they have a collective obligation to prevent the harm that is irreducibly collective also because it applies to the collective as such. (shrink)

The academic debate over the propriety of attributing moral responsibility to corporations is decades old and ongoing. The conventional approach to this debate is to identify the sufficient conditions for moral agency and then attempt to determine whether corporations possess them. This article recommends abandoning the conventional approach in favor of an examination of the practical consequences of corporate moral responsibility. The article’s thesis is that such an examination reveals that attributing moral responsibility to corporations is ethically acceptable only if (...) it does not authorize the punishment of corporations as collective entities, and further, that this renders the debate over corporate moral responsibility virtually pointless. (shrink)

We need an account of corporate agency that is temporally robust – one that will help future people to cope with challenges posed by corporate groups in a range of credible futures. In particular, we need to bequeath moral resources that enable future people to avoid futures dominated by corporate groups that have no regard for human beings. This paper asks how future philosophers living in broken or digital futures might re-imagine contemporary debates about corporate agency. It argues that the (...) only temporally robust account is moralised extreme collectivism, where full moral personhood is accorded to those corporate groups that are reliably disposed to respond appropriately to moral reasons. (shrink)

In this article I will look into Corporate Legal Responsibility taking into account Levinas’s notion of infinite responsibility, as well as his understanding of ethical language. My account of Levinas’s philosophy will show that it challenges – breaking down – deeply entrenched distinctions in the dominant strands of moral philosophy, within which the theory of individual responsibility is embedded, such as between:(1) duty to others on the one hand and supererogation on the other; (2) perfect duty to others on the (...) one hand and imperfect duties to others on the other; (3) insiders and outsiders; kith and kin on the one hand and strangers on the other; Levinas’s moral vision is an inclusive one which embraces all of humanity (at least of those present today) irrespective of historical, linguistic, cultural differences and diversities. In other words, each has responsibilities for and duties towards all others. Of course, one might say that there is nothing new about a universalising ethics – after all Kantianism, liberalism as well as utilitarianism are well known instances. However, more crucially, all these traditional moral philosophies uphold the theory of individual responsibility, which is rooted in the philosophy of individualism. Such a philosophy can make sense only of the concept of individual moral/legal agency but not corporate agency. Therefore, in this article I will attempt to show that the Levinasian vision is able to help us change our view with respect to corporate responsibility. (shrink)

A reductive theory of collective intentionality would imply that the ‘official’ intentions of an oppressive political authority cannot be constructed from the intentions of individuals when they follow the authority's rules. This makes it difficult to explain the unraveling of official group plans through time in a seemingly consistent fashion, and the corresponding source of coercion. A non-reductive theory, on the other hand, cannot capture whether the actions of individuals in an oppressive society are free or coerced, so long as (...) a manifest institutional structure and rules are in place. I put forward a hybrid account of group intentionality that is capable of articulating why oppressive political power is illegitimate, which comes down to the official and individual intentions in joint group actions diverging in such a way that individuals are not governed on the basis of dependent reasons. (shrink)

Both advocates of corporate regulation and its opponents tend to depict regulation as restrictive—a policy option that limits freedom in the name of welfare or other social goods. Against this framing, I suggest we can understand regulation in enabling terms. If well designed and properly enforced, regulation enables companies to operate in ways that are acceptable to society as a whole. This paper argues for this enabling character by considering some wider questions about responsibility and the sharing of responsibility. Agents (...) who are less able or willing to act well are obviously more likely to face criticism, mistrust, and adverse responses. It will be more difficult to hold those agents responsible, especially so when there are many who fail in their responsibilities or where there are wide-reaching disagreements about those responsibilities. Regulatory standards, like other norms and ways of defining responsibilities, address these problems: by restricting, they also enable social cooperation. Like other forms of holding responsible, ways of enforcing those standards against recalcitrant agents, or encouraging conformity to them, may also seem restrictive. Again, however, these practices play an important role in enabling responsible agency. This is partly because they can bolster readiness to act well in agents who experience or witness such responses. It is also because they free other agents to exercise initiative and commitment in defining their individual responsibilities in line with higher standards. (shrink)

In this article, I ask whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a focus on the possibility of its domestic criminalization. I proceed by identifying what I take to be the core objections to such criminalization, and then investigate ways in which they can be challenged. First, I address the claim that the state is not a kind of entity that can intelligibly perpetrate domestic criminal wrongs. I argue against it by (...) building upon an account of the modern state as a moral agent proper, capable of both culpable moral and legal wrongdoing. I then consider objections to the intelligibility and legitimacy of subjecting states to domestic criminal processes, which primarily find their source in the assumption that such subjection would necessarily involve the state prosecuting, judging, and punishing itself. I argue that whether this (questionable) assumption is sound or not, it does not create the kinds of unsolvable quandaries its exponents think it does. I then move on to reject the distinct, yet related, objection that, at least in aspiring liberal jurisdictions, treating the state as a criminal objectionably involves extending to it various substantive and procedural guarantees that, given its nature and raison d’être, it should not have. Finally, I discuss three central objections to punishing the state. First, that organizations like states do not have the phenomenal consciousness required to suffer punishment. Second, that the constant possibility of dispersion of state punishment amongst individual members stands in the way of its justification. Lastly, that whatever justification there may be for making things harder for the state in response to its culpable wrongdoing, such treatment need not be understood as punishment. While partially conceding the strength of these objections, I strive to loosen their grip in ways that show that justified punishment of the state, meaningfully understood as such, remains a distinct possibility. I conclude by contrasting supposed alternatives to the criminalization of states, and by contending that my analysis leaves us with enough to keep the possibility of state criminalization on the table as a justifiable response to state wrongdoing. (shrink)

In the fall of 2008, the three largest banks in Iceland collapsed, with severe and lasting consequences for the Icelandic economy. This article discusses the 'Icelandic banking crisis' in relation to the notion of corporate social responsibility (CSR). It explores some conceptual arguments for the position that the Icelandic banking crisis illustrates the broad problem of the indeterminacy of the scope and content of the duties that CSR is supposed to address. In particular, it is suggested that the way the (...) banks in question conceived of CSR, i.e. largely in terms of strategic philanthropy, was gravely inadequate. It concludes by proposing that the case of the Icelandic banking crisis gives us a reason to rethink CSR. (shrink)

My aim in this article is twofold. First, I will illuminate the triangular conceptual connections between responsibility, authority, and power as they are exposed in the organizational realm; second, I will show how the three concepts are distinct. Relying on the work of Peter Strawson and his followers on responsibility for my point of departure, I will show that the connection between the inner corporational authority and its inner matching responsibility is different from the connection between the outer corporational forces (...) and influences and the CSR that they develop in reaction to these. This will expose another important distinction between two kinds of responsibility: the organizational kind, as instantiated in organizations, and the social kind, which constitutes the outer aspect of the CSR. Though many thinkers address different kinds of responsibility, a comparative perspective of these different concepts is missing. I attempt to bring three of these separate discourses together to examine them alongside one another, evaluating them in the light of their differences and similarities. This will expose a new typology of ‘responsibility’ that penetrates and illuminates the relations between corporations and society and as such enhance our understanding of organizational responsibility. (shrink)

Adequate discussion of individuals' moral deliberation is notably absent from much of the literature on corporate social responsibility (CSR). We argue for a refocusing on the role of the individual in that context. In particular we regard this as important in CSR course design, for practical, pedagogical and moral reasons. After addressing some of the theoretical background to our argument, and noting some respects in which individual action features in the context of CSR, we consider the usefulness (or otherwise) of (...) academic ethical theory in relation to CSR issues and dilemmas in practice. It is suggested that, without dispensing entirely with ethical theory, emphasis should be placed on informed debate and moral judgement among members of organisations (or seminar groups) and some short case examples are provided. Finally we suggest that such approaches may be appropriate if trends towards ‘mainstreaming’ concern for CSR throughout business school curricula are realised. (shrink)