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  1. When Should the Master Answer? Respondeat Superior and the Criminal Law.Kenneth Silver - 2024 - Criminal Law and Philosophy 18 (1):89-108.
    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 (...)
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  • I, Volkswagen.Stephanie Collins - 2022 - Philosophical Quarterly 72 (2):283-304.
    Philosophers increasingly argue that collective agents can be blameworthy for wrongdoing. Advocates tend to endorse functionalism, on which collectives are analogous to complicated robots. This is puzzling: we don’t hold robots blameworthy. I argue we don’t hold robots blameworthy because blameworthiness presupposes the capacity for a mental state I call ‘moral self-awareness’. This raises a new problem for collective blameworthiness: collectives seem to lack the capacity for moral self-awareness. I solve the problem by giving an account of how collectives have (...)
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  • Group Responsibility and Historicism.Stephanie Collins & Niels de Haan - forthcoming - Philosophical Quarterly.
    In this paper, we focus on the moral responsibility of organized groups in light of historicism. Historicism is the view that any morally responsible agent must satisfy certain historical conditions, such as not having been manipulated. We set out four examples involving morally responsible organized groups that pose problems for existing accounts of historicism. We then pose a trilemma: one can reject group responsibility, reject historicism, or revise historicism. We pursue the third option. We formulate a Manipulation Condition and a (...)
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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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  • 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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  • Corporate Counterspeech.Aaron Ancell - 2023 - Ethical Theory and Moral Practice 26 (4):611-625.
    Are corporations ever morally obligated to engage in counterspeech—that is, in speech that aims to counter hate speech and misinformation? While existing arguments in moral and political philosophy show that individuals and states have such obligations, it is an open question whether those arguments apply to corporations as well. In this essay, I show how two such arguments—one based on avoiding complicity, and one based on duties of rescue—can plausibly be extended to corporations. I also respond to several objections to (...)
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  • Social Ontology.Brian Epstein - 2018 - Stanford Encyclopedia of Philosophy.
    Social ontology is the study of the nature and properties of the social world. It is concerned with analyzing the various entities in the world that arise from social interaction. -/- A prominent topic in social ontology is the analysis of social groups. Do social groups exist at all? If so, what sorts of entities are they, and how are they created? Is a social group distinct from the collection of people who are its members, and if so, how is (...)
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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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  • Relationships, Authority, and Reasons: A Second-Personal Account of Corporate Moral Agency.Alan D. Morrison, Rita Mota & William J. Wilhelm - 2022 - Business Ethics Quarterly 32 (2):322-347.
    We present asecond-personalaccount of corporate moral agency. This approach is in contrast to thefirst-personalapproach adopted in much of the existing literature, which concentrates on the corporation’s ability to identify moral reasons for itself. Our account treats relationships and communications as the fundamental building blocks of moral agency. The second-personal account rests on a framework developed by Darwall. Its central requirement is that corporations be capable of recognizing the authority relations that they have with other moral agents. We discuss the relevance (...)
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  • Collective Agency: Moral and Amoral.Frank Hindriks - 2018 - Dialectica 72 (1):3-23.
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  • The free will of corporations.Kendy M. Hess - 2014 - Philosophical Studies 168 (1):241-260.
    Moderate holists like French, Copp :369–388, 2007), Hess, Isaacs and List and Pettit argue that certain collectives qualify as moral agents in their own right, often pointing to the corporation as an example of a collective likely to qualify. A common objection is that corporations cannot qualify as moral agents because they lack free will. The concern is that corporations are effectively puppets, dancing on strings controlled by external forces. The article begins by briefly presenting a novel account of corporate (...)
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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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