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The free will of corporations

Philosophical Studies 168 (1):241-260 (2014)

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  1. May I Treat A Collective As A Mere Means.Bill Wringe - 2014 - American Philosophical Quarterly 51 (3):273-284.
    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 (...)
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  • Collective responsibility.Marion Smiley - 2008 - Stanford Encyclopedia of Philosophy.
    This essay discusses the nature of collective responsibility and explores various controversies associated with its possibility and normative value.
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  • Social Systems as Moral Agents: A Systems Approach to Moral Agency in Business.J. M. L. de Pedro - 2024 - Journal of Business Ethics 195 (4):695-711.
    In the context of business, interactions between individuals generate social systems that emerge anywhere within a corporation or in its relations with external agents. These systems influence the behaviors of individuals and, as a result, the collective actions we usually attribute to corporations. Social systems thus make a difference in processes of action that are often morally evaluated by internal and external agents to the firm. Despite this relevance, social systems have not yet been the object of specific attention in (...)
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  • Can AI systems have free will?Christian List - manuscript
    While there has been much discussion of whether AI systems could function as moral agents or acquire sentience, there has been relatively little discussion of whether AI systems could have free will. In this article, I sketch a framework for thinking about this question. I argue that, to determine whether an AI system has free will, we should not look for some mysterious property, expect its underlying algorithms to be indeterministic, or ask whether the system is unpredictable. Rather, we should (...)
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  • Who does wrong when an organization does wrong?Stephanie Collins - 2018 - In Kendy Hess, Violetta Igneski & Tracy Lynn Isaacs (eds.), Collectivity: Ontology, Ethics, and Social Justice. Nw York: Rowman & Littlefield International.
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  • On the culpable ignorance of group agents: the group justification thesis.Nathan W. Biebel - forthcoming - Inquiry: An Interdisciplinary Journal of Philosophy.
    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 (...)
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  • No Agent in the Machine: Being Trustworthy and Responsible about AI.Niël Henk Conradie & Saskia K. Nagel - 2024 - Philosophy and Technology 37 (2):1-24.
    Many recent AI policies have been structured under labels that follow a particular trend: national or international guidelines, policies or regulations, such as the EU’s and USA’s ‘Trustworthy AI’ and China’s and India’s adoption of ‘Responsible AI’, use a label that follows the recipe of [agentially loaded notion + ‘AI’]. A result of this branding, even if implicit, is to encourage the application by laypeople of these agentially loaded notions to the AI technologies themselves. Yet, these notions are appropriate only (...)
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  • Two interpretations of Gilbert’s plural-subj.Giulia Lasagni - 2022 - Rivista di Estetica 80:115-129.
    The notion of collective action is one of the most discussed topics in contemporary social ontology, which offers different explanations of how two or more individuals can act together in the pursuit of a common goal. Many believe that collective intentionality is at the basis of actions of this kind, whereas others deny that collective actions have a distinctive nature or involve different faculties than those required by individual actions. The article aims to outline the most influential approaches to collective (...)
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  • Determination from Above.Kenneth Silver - 2023 - Philosophical Issues 33 (1):237-251.
    There are many historical concerns about freedom that have come to be deemphasized in the free will literature itself—for instance, worries around the tyranny of government or the alienation of capitalism. It is hard to see how the current free will literature respects these, or indeed how they could even find expression. This paper seeks to show how these and other concerns can be reintegrated into the debate by appealing to a levels ontology. Recently, Christian List and others have considered (...)
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  • Do group agents have free will?Christian List - 2023 - Inquiry: An Interdisciplinary Journal of Philosophy.
    It is common to ascribe agency to some organized collectives, such as corporations, courts, and states, and to treat them as loci of responsibility, over and above their individual members. But since responsibility is often assumed to require free will, should we also think that group agents have free will? Surprisingly, the literature contains very few in-depth discussions of this question. The most extensive defence of corporate free will that I am aware of (Hess [2014], “The Free Will of Corporations (...)
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  • Group blameworthiness and group rights.Stephanie Collins - forthcoming - Inquiry: An Interdisciplinary Journal of Philosophy.
    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 (...)
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  • Trusting groups.Matthew Bennett - 2024 - Philosophical Psychology 37 (1):196-215.
    Katherine Hawley was skeptical about group trust. Her main reason for this skepticism was that the distinction between trust and reliance, central to many theories of interpersonal trust, does not apply to trust in groups. Hawley’s skeptical arguments successfully shift the burden of proof to those who wish to continue with a concept of group trust. Nonetheless, I argue that a commitments account of the trust/reliance distinction can shoulder that burden. According to that commitments account, trust is a distinctive kind (...)
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  • Groups that fly blind.Jared Peterson - 2022 - Synthese 200 (6):1-24.
    A long-standing debate in group ontology and group epistemology concerns whether some groups possess mental states and/or epistemic states such as knowledge that do not reduce to the mental states and/or epistemic states of the individuals who comprise such groups (and are also states not possessed by any of the members). Call those who think there are such states inflationists. There has recently been a defense in the literature of a specific type of inflationary knowledge—viz., knowledge of facts about group (...)
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  • Who Does Wrong When an Organisation Does Wrong?Stephanie Collins - 2018 - In Kendy Hess, Violetta Igneski & Tracy Lynn Isaacs (eds.), Collectivity: Ontology, Ethics, and Social Justice. Nw York: Rowman & Littlefield International.
    When an organisation does wrong, each of the members is part of the entity that authored that wrong—or so I shall assume. But it does not follow that each of the members has herself done wrong. Doing wrong, I will assume, results from the combination of two conditions: first, authoring (or being part of the entity that authored) a harm; and second, lacking an excuse for that (part-) authorship. To answer my title question, then, we have to know which members (...)
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  • Morality of Lobbying for Tax Benefits: A Kantian Perspective.Anne Van de Vijver - 2021 - Journal of Business Ethics 181 (1):57-68.
    AbstractMultinationals’ aggressive tax lobbying that involves free-riding behaviour and results in disproportional benefits to the disadvantage of other taxpayers, is problematic for several reasons. Such lobbying undermines the legitimacy of tax legislation and has a negative impact on trust in the tax system. Based on Immanuel Kant’s ethical theory, this article first suggests a new normative basis for a moral duty that requires multinationals and their leaders to be transparent about their political activities and tax lobbying. Next, it introduces a (...)
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  • The Influence of Business Incentives and Attitudes on Ethics Discourse in the Information Technology Industry.Sanju Ahuja & Jyoti Kumar - 2021 - Philosophy and Technology 34 (4):941-966.
    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 (...)
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  • Group Action Without Group Minds.Kenneth Silver - 2022 - Philosophy and Phenomenological Research 104 (2):321-342.
    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. (...)
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  • Collective responsibility and collective obligations without collective moral agents.Gunnar Björnsson - 2020 - In Saba Bazargan-Forward & Deborah Tollefsen (eds.), The Routledge Handbook of Collective Responsibility. Routledge.
    It is commonplace to attribute obligations to φ or blameworthiness for φ-ing to groups even when no member has an obligation to φ or is individually blameworthy for not φ-ing. Such non-distributive attributions can seem problematic in cases where the group is not a moral agent in its own right. In response, it has been argued both that non-agential groups can have the capabilities requisite to have obligations of their own, and that group obligations can be understood in terms of (...)
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  • Firm Responses to Mass Outrage: Technology, Blame, and Employment.Vikram R. Bhargava - 2020 - Journal of Business Ethics 163 (3):379-400.
    When an employee’s off-duty conduct generates mass social media outrage, managers commonly respond by firing the employee. This, I argue, can be a mistake. The thesis I defend is the following: the fact that a firing would occur in a mass social media outrage context brought about by the employee’s off-duty conduct generates a strong ethical reason weighing against the act. In particular, it contributes to the firing constituting an inappropriate act of blame. Scholars who caution against firing an employee (...)
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  • Should Corporations Have the Right to Vote? A Paradox in the Theory of Corporate Moral Agency.John Hasnas - 2018 - Journal of Business Ethics 150 (3):657-670.
    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 (...)
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  • The Conversable, Responsible Corporation.Philip Pettit - 2017 - In Eric Orts & Craig Smith (eds.), The Moral Responsibility of Firms. Oxford University Press. pp. 15-35.
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  • An Ethical Analysis of Emotional Labor.Bruce Barry, Mara Olekalns & Laura Rees - 2019 - Journal of Business Ethics 160 (1):17-34.
    Our understanding of emotional labor, while conceptually and empirically substantial, is normatively impoverished: very little has been said or written expressly about its ethical dimensions or ramifications. Emotional labor refers to efforts undertaken by employees to make their private feelings and/or public emotion displays consistent with job and organizational requirements. We formally define emotional labor, briefly summarize research in organizational behavior and social psychology on the causes and consequences of emotional labor, and present a normative analysis of its moral limits (...)
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  • Regulation Enables: Corporate Agency and Practices of Responsibility.Garrath Williams - 2019 - Journal of Business Ethics 154 (4):989-1002.
    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 (...)
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  • Can a Corporation be Worthy of Moral Consideration?Kenneth Silver - 2019 - Journal of Business Ethics 159 (1):253-265.
    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 (...)
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  • Business Ethics: A Kantian Perspective , by Norman E. Bowie. New York: Cambridge University Press, 2017. 234 pp. ISBN: 978-1316343210. [REVIEW]Patricia Werhane - 2018 - Business Ethics Quarterly 28 (1):110-113.
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  • Enforcing the Global Economic Order, Violating the Rights of the Poor, and Breaching Negative Duties? Pogge, Collective Agency, and Global Poverty.Bill Wringe - 2018 - Journal of Social Philosophy 49 (2):334-370.
    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 (...)
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  • Do corporations have minds of their own?Kirk Ludwig - 2017 - Philosophical Psychology 30 (3):265-297.
    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 (...)
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  • On individual and shared obligations: in defense of the activist’s perspective.Gunnar Björnsson - 2021 - In Budolfson Mark, McPherson Tristram & Plunkett David (eds.), Philosophy and Climate Change. Oxford University Press.
    We naturally attribute obligations to groups, and take such obligations to have consequences for the obligations of group members. The threat posed by anthropogenic climate change provides an urgent case. It seems that we, together, have an obligation to prevent climate catastrophe, and that we, as individuals, have an obligation to contribute. However, understood strictly, attributions of obligations to groups might seem illegitimate. On the one hand, the groups in question—the people alive today, say—are rarely fully-fledged moral agents, making it (...)
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  • Phenomenal consciousness, collective mentality, and collective moral responsibility.Matthew Baddorf - 2017 - Philosophical Studies 174 (11):2769-2786.
    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 (...)
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  • Collectives’ and individuals’ obligations: a parity argument.Stephanie Collins & Holly Lawford-Smith - 2016 - Canadian Journal of Philosophy 46 (1):38-58.
    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 (...)
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  • Corporate Moral Responsibility.Amy J. Sepinwall - 2016 - Philosophy Compass 11 (1):3-13.
    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 (...)
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  • Corporate Crocodile Tears? On the Reactive Attitudes of Corporate Agents.Gunnar Björnsson & Kendy Hess - 2017 - Philosophy and Phenomenological Research 94 (2):273–298.
    Recently, a number of people have argued that certain entities embodied by groups of agents themselves qualify as agents, with their own beliefs, desires, and intentions; even, some claim, as moral agents. However, others have independently argued that fully-fledged moral agency involves a capacity for reactive attitudes such as guilt and indignation, and these capacities might seem beyond the ken of “collective” or “ corporate ” agents. Individuals embodying such agents can of course be ashamed, proud, or indignant about what (...)
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  • The Metaphysics of Social Groups.Katherine Ritchie - 2015 - Philosophy Compass 10 (5):310-321.
    Social groups, including racial and gender groups and teams and committees, seem to play an important role in our world. This article examines key metaphysical questions regarding groups. I examine answers to the question ‘Do groups exist?’ I argue that worries about puzzles of composition, motivations to accept methodological individualism, and a rejection of Racialism support a negative answer to the question. An affirmative answer is supported by arguments that groups are efficacious, indispensible to our best theories, and accepted given (...)
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  • Essentially Shared Obligations.Gunnar Björnsson - 2014 - Midwest Studies in Philosophy 38 (1):103-120.
    This paper lists a number of puzzles for shared obligations – puzzles about the role of individual influence, individual reasons to contribute towards fulfilling the obligation, about what makes someone a member of a group sharing an obligation, and the relation between agency and obligation – and proposes to solve them based on a general analysis of obligations. On the resulting view, shared obligations do not presuppose joint agency.
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  • Re-bunking corporate agency.Kendy M. Hess - forthcoming - Inquiry: An Interdisciplinary Journal of Philosophy.
    My aim in this article is to rescue the holist position on corporate agency (CA) from indignities heaped upon it by friends and enemies alike. Two general criticisms strike at the core of the position: the charge of ‘material failures’ (that the corporate agent lacks a proper material presence) and the charge of illusion (that the intentionality of the corporate agent consists in the intentionality of the members). Both attack the holist position on metaphysical grounds, logically prior to any claims (...)
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  • Autonomous Military Systems: collective responsibility and distributed burdens.Niël Henk Conradie - 2023 - Ethics and Information Technology 25 (1):1-14.
    The introduction of Autonomous Military Systems (AMS) onto contemporary battlefields raises concerns that they will bring with them the possibility of a techno-responsibility gap, leaving insecurity about how to attribute responsibility in scenarios involving these systems. In this work I approach this problem in the domain of applied ethics with foundational conceptual work on autonomy and responsibility. I argue that concerns over the use of AMS can be assuaged by recognising the richly interrelated context in which these systems will most (...)
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  • The Group Knobe Effect revisited: epistemic and doxastic side-effect effects in intuitive judgments concerning group agents.Maciej Tarnowski, Adrian Ziółkowski & Mieszko Tałasiewicz - 2022 - Synthese 200 (6):1-34.
    In this paper, we investigate the effect described in the literature as the Group Knobe Effect, which is an asymmetry in ascription of intentionality of negative and positive side-effects of an action performed by a group agent. We successfully replicate two studies originally conducted by Michael and Szigeti, who observed this effect and provide empirical evidence of the existence of two related effects—Group Epistemic and Doxastic Knobe Effects—which show analogous asymmetry with respect to knowledge and belief ascriptions. We explain how (...)
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  • (2 other versions)Business Ethics.Jeffrey Moriarty - 2016 - Stanford Encyclopedia of Philosophy.
    This article provides an overview of the field of business ethics.
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  • Does the Machine Need a Ghost? Corporate Agents as Nonconscious Kantian Moral Agents.Kendy M. Hess - 2018 - Journal of the American Philosophical Association 4 (1):67-86.
    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 (...)
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  • Who's Responsible? (It's Complicated.) Assigning Blame in the Wake of the Financial Crisis.Kendy M. Hess - 2018 - Midwest Studies in Philosophy 42 (1):133-155.
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  • Institutional Integrity: Its Meaning and Value.Nikolas Kirby - 2022 - Ethical Theory and Moral Practice 25 (5):809-834.
    People can have or lack ‘integrity’. But can public institutions? It is common to speak of the ‘integrity’ of such institutions: in popular discourse, legal decisions, law and regulations, and also increasingly, political theory, and proximate disciplines. Such integrity is often said to be at risk of being ‘subverted,’ ‘corroded,’ and ‘corrupted,’ by both forces within and without. Furthermore, the implication is that this is a very worrying thing. The integrity of our institutions, at least, needs to be preserved, supported, (...)
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  • The Fallacy of Corporate Moral Agency, by David Rönnegard. Dordrecht: Springer, 2015. 218 pp. ISBN 978-94-017-9756-6. [REVIEW]Kendy M. Hess - 2016 - Business Ethics Quarterly 26 (4):557-560.
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  • Kantian Group Agency.Amy L. MacArthur - 2019 - Journal of Business Ethics 154 (4):917-927.
    Although much work has been done on Kant’s theory of moral agency, little explored is the possibility of a Kantian account of the moral agency of groups or collectives that comprise individual human beings. The aim of this paper is to offer a Kantian account of collective moral agency that can explain how organized collectives can perform moral actions and be held morally responsible for their actions. Drawing on Kant’s view that agents act by incorporating an incentive into their maxims, (...)
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  • Because They Can: The Basis for the Moral Obligations of (Certain) Collectives.Kendy M. Hess - 2014 - Midwest Studies in Philosophy 38 (1):203-221.
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  • What do aggregation results really reveal about group agency?Brian Flanagan - 2018 - Philosophical Studies 175 (1):261-276.
    Discoveries about attitude aggregation have prompted the re-emergence of non-reductionism, the theory that group agency is irreducible to individual agency. This paper rejects the revival of non-reductionism and, in so doing, challenges the preference for a unified account, according to which, agency, in all its manifestations, is rational. First, I offer a clarifying reconstruction of the new argument against reductionism. Second, I show that a hitherto silent premise, namely, that an identified group intention need not be determined by member attitudes (...)
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  • The Institutional Laundry: How the Public May Keep Their Hands Clean.Nikolas Kirby - 2023 - The Journal of Ethics 27 (4):539-560.
    A number of recent authors have argued for the problem of ‘democratic dirty hands’. At least within a democracy, public officers can be rightly said to act in the name of the public; and thus, as agents to principals, the dirty hands of public officers are, ultimately attributable to that public. Even more troubling, so the argument goes, since dirty hands are necessary for public officers in any stable political order, then such democratic dirty hands are necessary for any stable (...)
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  • Corporate Agency and Possible Futures.Tim Mulgan - 2018 - Journal of Business Ethics 154 (4):901-916.
    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 (...)
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  • Collective Responsibility and the Purposes of Banks.Steven Scalet - 2018 - Midwest Studies in Philosophy 42 (1):54-72.
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  • Business ethics.Alexei Marcoux - 2008 - Stanford Encyclopedia of Philosophy.
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  • Business Firms as Moral Agents: A Kantian Response to the Corporate Autonomy Problem.William Rehg - 2023 - Journal of Business Ethics 183 (4):999-1009.
    The idea that business firms qualify as group moral agents offers an attractive basis for understanding corporate moral responsibility. However, that idea gives rise to the “corporate autonomy problem” (CAP): if firms are moral agents, then it seems we must accept the implausible conclusion that firms have basic moral rights, such as the rights to life and liberty. The question, then, is how one might retain the fruitful idea of firms as moral agents, yet avoid CAP. A common approach to (...)
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