Oppressive governments that use violence against citizens, e.g. murder and torture, are usually thought of as liable to armed revolutionary attack by the oppressed population. But oppression may be non-violent. A government may greatly restrict political rights and personal autonomy by using surveillance, propaganda, manipulation, strategic detention and similar techniques without ever resorting to overt violence. Can such regimes be liable to revolutionary attack? A widespread view is that the answer is ‘no’. On this view, unless a government is or (...) is likely to turn violent, revolution against it is disproportional. After all, revolution would involve launching potentially lethal attacks against oppressors who do not threaten the lives and bodily integrity of their subjects but pose only lesser threats. I argue that this claim of disproportionality is false. Armed revolution against Stably Non-violent Oppressive Regimes can be proportional under some circumstances, thus they may be liable to revolutionary attack. My argument relies on the Responsibility-Sensitive Account of Proportionality. This account holds that responsibility for posing threats renders agents liable to greater defensive harms than the harms with which they threaten. Even if non-violent oppressive regimes do not threaten citizens with murder, serious physical injury, or enslavement, their responsibility for creating an environment in which citizens’ political rights and personal autonomy are extremely restricted may loosen the proportionality requirement of inflicting defensive harm and render them liable to revolutionary attack. (shrink)

Moral responsibility for outcomes in corporate settings can be ascribed either to the individual members, the corporation, or both. In the latter case, the relationship between individual and corporate responsibility has been approached as inversely proportional, such that an increase in individual responsibility leads to a corresponding decrease in corporate responsibility and vice versa. In this article, we develop a non-proportionate approach, where, under specific conditions, individual and corporate moral responsibilities interact dynamically, leading to a mutual enhancement of responsibility: the (...) more the corporation is responsible, the more the individuals become responsible and vice versa. We develop this mutually enhancing approach in terms of normative ascriptions of responsibility, while leaving aside empirical implications in terms of mutual awareness of responsibility between individuals and corporations. We explore conceptually the conditions and mechanisms that generate this mutual enhancement and also discuss the implications for research and practice. (shrink)

Ronit Stahl and Ezekiel Emanuel have recently issued a stark challenge to conscience protections in medical law and ethics. Their argument is flawed, however. They misrepresent the nature and relevance of conscientious protection in the military, misinterpret the scope of consent tendered by modern medical professionals, and offer no reason to think either that conscientious objection harms patient well-being or that such harm should solely determine the permissibility of conscientious objection. Moreover, and most fundamentally, Stahl and Emanuel do not recognize (...) that conscience protections promote moral integrity, a basic aspect of human well-being that justifies protective action. (shrink)

Much of our ordinary thought and talk about responsibility exhibits what I call the ‘pie fallacy’—the fallacy of thinking that there is a fixed amount of responsibility for every outcome, to be distributed among all those, if any, who are responsible for it. The pie fallacy is a fallacy, I argue, because how responsible an agent is for some outcome is fully grounded in facts about the agent, the outcome and the relationships between them; it does not depend, in particular, (...) on how responsible anyone else is for that same outcome. In this paper, I explore how the pie fallacy can arise by considering several different kinds of case in which two or more agents are responsible for the same outcome. I’ll end with some brief remarks on the potential consequences of my arguments for how to think about responsibility in war. (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)

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)

The aim of this paper is to take normative aspects of animal welfare in corporate practice from a blind spot into the spotlight, and thus connect the fields of business ethics and animal ethics. Using insights from business ethics and animal ethics, it argues that companies have a strong responsibility towards animals. Its rationale is that animals have a moral status, that moral actors have the moral obligation to take the interests of animals into account and thus, that as moral (...) actors, companies should take the interests of animals into account, more specifically their current and future welfare. Based on this corporate responsibility, categories of corporate impact on animals in terms of welfare and longevity are offered, including normative implications for each of them. The article concludes with managerial implications for several business sectors, including the most animal-consuming and animal-welfare-threatening industry: the food sector. Welfare issues are discussed, including the issue of killing for food production. (shrink)

After providing an overview of Corporate Social Responsibility (CSR) research in different contexts, and noting the varied methodologies adopted, two robust CSR conceptualizations – one by Carroll (1979, ‘A Three-Dimensional Conceptual Model of Corporate Performance’, The Academy of Management Review 4(4), 497–505) and the other by Wood (1991, ‘Corporate Social Performance Revisited’, The Academy of Management Review 16(4), 691–717) – have been adopted for this research and their integration explored. Using this newly synthesized framework, the research critically examines the CSR (...) approach and philosophy of eight companies that are considered active in CSR in the Lebanese context. The findings suggest the lack of a systematic, focused, and institutionalized approach to CSR and that the understanding and practice of CSR in Lebanon are still grounded in the context of philanthropic action. The findings are qualified within the framework of existing contextual realities and relevant implications drawn accordingly. (shrink)

After providing an overview of Corporate Social Responsibility research in different contexts, and noting the varied methodologies adopted, two robust CSR conceptualizations - one by Carroll, 497-505) and the other by Wood, 691-717) - have been adopted for this research and their integration explored. Using this newly synthesized framework, the research critically examines the CSR approach and philosophy of eight companies that are considered active in CSR in the Lebanese context. The findings suggest the lack of a systematic, focused, and (...) institutionalized approach to CSR and that the understanding and practice of CSR in Lebanon are still grounded in the context of philanthropic action. The findings are qualified within the framework of existing contextual realities and relevant implications drawn accordingly. (shrink)

Corporate social responsibility (CSR) is a concept that has acquired a new resonance in the global economy. With the advent of globalization, managers in different contexts have been exposed to the notion of CSR and are being pressured to adopt CSR initiatives. Yet in view of vastly differing national cultures and institutional realities, mixed orientations to CSR continue to be salient in different contexts, oscillating between the classical perspective which considers CSR as a burden on competitiveness and the modern perspective (...) that views CSR as instrumental for business success. Capitalizing on the two‐dimensional CSR model developed by Quazi and O’Brien, Journal of Business Ethics, 25, 33–51 (2000), this article attempts to gauge managerial perspectives toward CSR in Lebanon. An empirical study of 119 Lebanese managers reveals that the majority of respondents (83 percent) are favorably inclined toward CSR with about 20 percent adhering to the modern paradigm, more than 50 percent adhering to a philanthropic view and 18 percent fitting into the classical camp. The findings are discussed and cross‐cultural implications drawn accordingly. (shrink)

In Poverty, Solidarity, and Poor-Led Social Movements, Monique Deveaux criticizes and reframes the traditional, moral (and often individualistic) response to poverty in favor of a political and collective one that centers the role of the poor and poor-led groups in the anti-poverty agenda. I have two aims in this review, a supportive one and a more critical one. On the supportive side, I examine the advances Deveaux makes by 1) expanding the category of agents of justice; 2) putting the poor (...) at the center of an effective response to poverty; and 3) changing the emphasis from individual duties to a collective response. On the critical side, I revisit Deveaux’s critique of the traditional approach and argue that she unnecessarily shifts the moral burden away from the affluent whose complicity and capacity remain important grounds of obligation. In conclusion, I consider some remaining challenges that are (helpfully) exposed by Deveaux’s account. (shrink)

ABSTRACTThis paper assesses one type of justification for collective liability – the democratic authorization account – according to which citizens can be held liable for what their state does, because they collectively authorize the state’s actions. I argue that the democratic authorization view, properly understood, has an implausibly narrow scope, which risks leaving many victims of injustice without compensation. Hence, I propose a subsidiary account that is wider in scope, and which applies to most cases of state-inflicted harm. This view (...) picks out liable agents on the basis of their ability to bear the compensatory burdens, the incentives that the prospect of liability give citizens to hold their states in check, and distributive concerns. Lastly, I address the relationship between citizens who are collectively liable for some harm, and citizens who are to some extent morally responsible. (shrink)

Philosophical writing about the legal practice of punishment has traditionally focused on two central questions: what (if anything) justifies the practice of tr.

Attributing moral responsibility to an agent requires that the agent is a capable member of a moral community. Capable members of a moral community are often thought of as moral reasoners (or moral persons) and, thus, to attribute moral responsibility to collective agents would require showing that they are capable of moral reasoning. It is argued here that those theories that understand collective reasoning and collective moral agency in terms of collective decision-making and commitment – as is arguably the case (...) with Christian List and Philip Pettit’s theory of group agency – face the so-called “problem of the first belief” that threatens to make moral reasoning impossible for group agents. This paper introduces three possible solutions to the problem and discusses the effects that these solutions have in regard to the possibility of attributing moral responsibility to groups. (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)

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)

Paradoxical results concerning judgment aggregation have recently been invoked to defend the thesis that a corporate agent can be morally responsible for a decision without any of its individual members bearing such responsibility. I contend that the arguments offered for this irreducibility thesis are inconclusive. They do not pay enough attention to how we evaluate individual moral responsibility, in particular not to the role that a flawed assessment of the normative reasons that bear on the issue to be decided on (...) play in this context. I go on to propose a method for distributing corporate responsibility to individual members within the judgment aggregation framework. (shrink)

Future weapons will make life-or-death decisions without a human in the loop. When such weapons inflict unwarranted harm, no one appears to be responsible. There seems to be a responsibility gap. I first reconstruct the argument for such responsibility gaps to then argue that this argument is not sound. The argument assumes that commanders have no control over whether autonomous weapons inflict harm. I argue against this assumption. Although this investigation concerns a specific case of autonomous weapons systems, I take (...) steps towards vindicating the more general idea that superiors can be morally responsible in virtue of being in command. (shrink)

Punishing groups raises a difficult question, namely, how their punishment can be justified at all. Some have argued that punishing groups is morally problematic because of the effects that the punishment entails for their members. In this paper we argue against this view. We distinguish the question of internal justice—how punishment-effects are distributed—from the question of external justice—whether the punishment is justified. We argue that issues of internal justice do not in general undermine the permissibility of punishment. We also defend (...) the permissibility of what some call “random punishment.” We argue that, for some kinds of collectives, there is no general obligation to internally distribute the punishment-effects equally or in proportion to individual contribution. (shrink)

This paper develops a taxonomy of kinds of actions that can be seen in group agency, human–machine interactions, and virtual realities. These kinds of actions are special in that they are not embodied in the ordinary sense. I begin by analysing the notion of embodiment into three separate assumptions that together comprise what I call the Embodiment View. Although this view may find support in paradigmatic cases of agency, I suggest that each of its assumptions can be relaxed. With each (...) assumption that is given up, a different kind of disembodied action becomes available. The taxonomy gives a systematic overview and suggests that disembodied actions have the same theoretical relevance as the actions of any ordinarily embodied human. (shrink)

Most philosophical examinations of the concept of exploitation center on analyzing two-party interactions between individuals. Mathias Risse and Gabriel Wollner introduce an account of exploitation that seeks to transcend this ‘individualist paradigm’ in three ways: Through exploitation of and by agential groups, of or by non-agential groups and by social structures. In this paper, I argue that while the concepts of non-individual and structural exploitation do offer each their way of transcending or revising the individualist paradigm, the most ambitious and (...) original attempt to break with the paradigm is offered by the concept of non-agential exploitation. I then discuss this concept, but ultimately conclude that it suffers from too many shortcomings in its current form to offer a plausible departure from the individualist approach. (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)

This paper aims, firstly, to bridge debates on human rights and Transnational Corporations within practical philosophy and those within the business and human rights literature and, secondly, to determine the extent to which human rights duties can be assigned to TNCs. To justifiably assign human rights duties to TNCs, it is argued that these duties need to be grounded in moral theory. Through assessment of two approaches from practical philosophy, it is argued that positive duties cannot be assigned to TNCs (...) because their bindingness cannot be grounded in moral theory. A positive argument is introduced to interpret TNCs’ human rights duties as corresponding to virtues rather than rights. Though such duties are indeterminate regarding what constitutes adequate performance, they can be made more determinate through legal instruments outside of positive human rights law. An approach is introduced exemplifying how such approaches can achieve the end of TNCs compliance with human rights norms. (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)

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)

This commentary contributes to philosophical reflection on the growing challenge of digital distraction and the value of attention in the digital age. It clarifies the nature of the problem in conceptual and historical terms; analyzes “freedom of attention” as an organizing ideal for moral and political theorizing; considers some constraints of political morality on coercive state action to bolster users’ attentional resources; comments on corporate moral responsibility; and touches on some reform ideas. In particular, the commentary develops a response to (...) an anti-paternalistic line of argument rooted in Mill’s Harm Principle that would oppose state regulation on the grounds that securing attentional capacities is a matter of personal responsibility alone. The commentary engages throughout with James Williams’s recent work on the attention economy by identifying areas of agreement and difference. (shrink)

An imperfect duty such as the duty to aid those in need is supposed to leave leeway for choice as to how to satisfy it, but if our reason for a certain way of satisfying it is our strongest, that leeway would seem to be eliminated. This paper defends a conception of practical reasons designed to preserve it, without slighting the binding force of moral requirements, though it allows us to discount certain moral reasons. Only reasons that offer criticism of (...) alternatives can yield requirements, but our reasons for particular ways of satisfying imperfect duties merely count in favor of the acts in question. When the state is authorized to take over charitable obligations, it should not be seen as enforcing fulfillment of our imperfect duties, but rather as forcing us to help fulfill collective duties that may be substantially modified by transfer to the state, replacing imperfect duties with perfect. Besides the cost to us in freedom of choice there is a moral cost to replacing the virtuous motives of charity with those that tend to accompany paying taxes. However, a compensating feature of state involvement is the fact that its more precise demands come with limits. (shrink)

Antibiotic use in animal farming is one of the main drivers of antibiotic resistance both in animals and in humans. In this paper we propose that one feasible and fair way to address this problem is to tax animal products obtained with the use of antibiotics. We argue that such tax is supported both by deontological arguments, which are based on the duty individuals have to compensate society for the antibiotic resistance to which they are contributing through consumption of animal (...) products obtained with the use of antibiotics; and a cost-benefit analysis of taxing such animal products and of using revenue from the tax to fund alternatives to use of antibiotics in animal farming. Finally, we argue that such a tax would be fair because individuals who consume animal products obtained with the use of antibiotics can be held morally responsible, i.e. blameworthy, for their contribution to antibiotic resistance, in spite of the fact that each individual contribution is imperceptible. (shrink)

Henry Shue has led the charge among moral philosophers in arguing that harms stemming from anthropogenic climate change constitute violations of basic rights and are therefore prohibited by duties of justice. Because frameworks such as Shue’s argue that duties of justice are at stake, one could object that the special urgency of those duties threatens to overrun the normatively protected space in which an agent makes her life her own. We argue that an alternative conception of how moral reasons combine (...) to produce duties is required to respond to the demandingness objection, providing normatively protected space to pursue one’s projects while yielding numerous strict obligations of justice. (shrink)

The war on terror is commonly characterized as a fundamentally different kind of war from more traditional armed conflict. Furthermore, it has been argued that, in this new kind of war, different rules, both moral and legal, must apply. In the first part of this paper, three practices endemic to the war on terror -- torture, assassination, and enemy combatancy status -- are identified as exceptions to traditional norms. The second part of the paper uses these examples to motivate a (...) generalized account of exceptionalism; a taxonomy of different exceptionalisms is derived, including temporal, spatial, and group-based exceptionalisms. The third part of the paper considers the ethical status of exceptionalism, paying particular attention to the group-based exceptionalisms that are argued to be prevalent in the war on terror. It is concluded that there is nothing inherently wrong with group-based exceptionalism and, furthermore, that the proper locus of ethical evaluation lies not with the norms that are being excepted, but rather with the groups that are being excepted from them. (shrink)

The development of highly humanoid sex robots is on the technological horizon. If sex robots are integrated into the legal community as “electronic persons”, the issue of sexual consent arises, which is essential for legally and morally permissible sexual relations between human persons. This paper explores whether it is conceivable, possible, and desirable that humanoid robots should be designed such that they are capable of consenting to sex. We consider reasons for giving both “no” and “yes” answers to these three (...) questions by examining the concept of consent in general, as well as critiques of its adequacy in the domain of sexual ethics; the relationship between consent and free will; and the relationship between consent and consciousness. Additionally we canvass the most influential existing literature on the ethics of sex with robots. (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)

_ 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)

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)

This paper proposes a logical framework for studying the structure of moral responsibility for outcomes. The analysis incorporates two vital features: an agency condition and a negative condition of an alternative possibility. The logical language allows us to identify and disambiguate seven plausible criteria for moral responsibility. To accommodate interdependent decision contexts, the semantics are given in terms of so-called responsibility games. The logical framework enables us to classify the logical relations between these seven criteria for moral responsibility. Although all (...) seven criteria are logically distinct, I also identify circumstances where the seven criteria locally reduce to only three. (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)

How can we know whether we are punishing the same corporation that committed some past crime? Though central to corporate criminal justice, legal theorists and philosophers have yet to address the basic question of how corporate identity persists through time. Simple cases, where crime and punishment are close in time and the corporation has changed little, can mislead us into thinking an answer is always easy to come by. The issue becomes more complicated when corporate criminals undergo any number of (...) transformations—rebranding, spinning-off a division, merging, changing ownership, changing management, swapping lines of business, etc. These changes are common among all corporations, including those trying to conceal or limit liability for past crimes. This article takes a first step toward developing a workable and philosophically satisfying theory of corporate personal identity and discusses its prospects for fulfilling the retributive, rehabilitative, and deterrent purposes of criminal law. (shrink)

Automated technologies and robots make decisions that cannot always be fully controlled or predicted. In addition to that, they cannot respond to punishment and blame in the ways humans do. Therefore, when automated cars harm or kill people, for example, this gives rise to concerns about responsibility-gaps and retribution-gaps. According to Sven Nyholm, however, automated cars do not pose a challenge on human responsibility, as long as humans can control them and update them. He argues that the agency exercised in (...) automated cars should be understood in terms of human–robot collaborations. This brief note focuses on the problem that arises when there are multiple people involved, but there is no obvious shared collaboration among them. Building on John Danaher’s discussion of command responsibility, it is argued that, although Nyholm might be right that autonomous cars cannot be regarded as acting on their own, independently of any human beings, worries about responsibility-gaps and retribution-gaps are still justified, because it often remains unclear how to allocate or distribute responsibility satisfactorily among the key humans involved after they have been successfully identified. (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)

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)

Margaret Gilbert's plural subject theory defines social collectives in terms of common knowledge of expressed willingness to participate in some joint action. The author critically examines Gilbert's application of this theory to linguistic phenomena involving "we," arguing that recent work in linguistics provides the tools to develop a superior account. The author indicates that, apart from its own relevance, one should care about this critique because Gilbert's claims about the first person plural pronoun play a role in the argument in (...) favor of her recent theory of political obligation. Key Words: collective agent • Gilbert • plural subject • semantics • we. (shrink)

This article is concerned with the moral permissibility of corporate political activities under the existing legal framework in the United States. The author unpacks and examines the standard case for and against the involvement of business in lobbying and electoral activities. And the author provides six objections against the standard arguments and proposes that the wrongness of corporate political activities does not have much to do with its potential social consequences but rather with nonconsequentialist considerations. The author’s ultimate aim is (...) to make sense of the intuition that corporate political spending is morally objectionable. The author argues that his case against corporate political spending fares better than the standard case. What is wrong with the current system of regulation of corporate lobbying and campaign finance is that it is inconsistent with the principles of political equality and consent. By taking advantage of this unfair regulatory framework, business firms are making a contribution to undermine the basis of a robust democratic regime at both the societal and the corporate level. (shrink)

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 (...) likely be deployed. This will allow us to move beyond the solely individualist understandings of responsibility at work in most treatments of these cases, toward one that includes collective responsibility. This allows us to attribute collective responsibility to the collectives of which the AMS form a part, and to account for the distribution of burdens that follows from this attribution. I argue that this expansion of our responsibility practices will close at least some otherwise intractable techno-responsibility gaps. (shrink)