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)

This paper investigates agents’ blameworthiness when they are part of a group that does harm. We analyse three factors that affect the scope of an agent’s blameworthiness in these cases: shared intentionality, interpersonal influence, and common knowledge. Each factor involves circumstantial luck. The more each factor is present, the greater is the scope of each agent’s vicarious blameworthiness for the other agents’ contributions to the harm. We then consider an agent’s degree of blameworthiness, as distinct from her scope of blameworthiness. (...) We suggest that an agent mostly controls her degree of blameworthiness—but even here, luck constrains what possible degrees of blameworthiness are open to her. (shrink)

Which kinds of responsibility can we attribute to which kinds of collective, and why? In contrast, which kinds of collective responsibility can we not attribute—which kinds are ‘gappy’? This study provides a framework for answering these questions. It begins by distinguishing between three kinds of collective and three kinds of responsibility. It then explains how gaps—i.e. cases where we cannot attribute the responsibility we might want to—appear to arise within each type of collective responsibility. It argues some of these gaps (...) do not exist on closer inspection, at least for some collectives and some of the time. (shrink)

A defining feature of democracy is the inclusion of members of the political association. However, the corresponding right to exclusion has attracted undeservedly scant attention in recent debates. In this paper, the nature of the right to exclusion is explored. On the assumption that inclusion requires the allocation of legal power-rights to the people entitled to participate in the making of collective decisions, two conceptions of the right to exclusion are identified: the liberty-right to exclude and the claim-right to exclude. (...) The choice between them depends on the nature of the interests that justifies the power-rights of people included. The position is defended that if rights to democratic participation are power-rights, we must also accept that the people included have claim-rights to the exclusion of non-members. (shrink)

This article will present the argument for treating democratic states as moral and not only legal collective entities; that is, it will apply the theory of collective rights of cultural groups in a (closed) domestic political setting to democratic states in international relations. Numerous experiences by self-identifying cultural groups bear witness to the fact that morally important objectives are not always reached by merely treating individuals as the sole bearers of moral status. In order to prevent latent cultural imperialism, many (...) countries around the world have adopted various models of collective rights protection and policies of preferential treatment for these groups. This article will examine whether it is possible to make a parallel between cultural groups and democratic states; in particular, whether it is feasible to think of democratic states as moral entities and what the normative implications of such a view for contemporary international relations and trade would be. (shrink)

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

The objective of this paper is to explain why certain authors - both popular and academic - are making a mistake when they attribute obligations to uncoordinated groups of persons, and to argue that it is particularly unhelpful to make this mistake given the prevalence of individuals faced with the difficult question of what morality requires of them in a situation in which there's a good they can bring about together with others, but not alone. I'll defend two alternatives to (...) attributing obligations to uncoordinated groups. The first solution has us build better people, who will coordinate their actions willingly and spontaneously when the occasion arises. The second solution has us build better groups, so that when the occasion arises, there is a framework in place for coordinating members into action. (shrink)

Is abortion a question of personal morality? Liberals and feminists often embrace this idea, but so also do those who are personally opposed to abortion. Someone may claim to believe personally that abortion is wrong without holding the corresponding public belief. I am interested in what exactly one means when one says that abortion is a question of personal morality. In Sec. II, I consider three influential interpretations of the claim that abortion is a question of personal morality. After showing (...) that each of these interpretations is inadequate, I develop a fourth that avoids some of the problems with the first three (in Sec. III). But even on this interpretation, the claim that abortion is a question of personal morality is difficult to defend. This is because we cannot show that abortion is a question of personal morality without first knowing something about the moral status of the fetus. I conclude the paper with some pessimistic remarks concerning our ability to arrive at a compromise position on abortion. (shrink)

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

This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. This historic event may (...) seem to exemplify the international legal human rights system’s ability to function as a truly global legal regime applicable cross-culturally to all well-ordered societies, whether liberal or nonliberal. The article argues, however, that the collective right to self-determination advocated by indigenous peoples for the sake of cultural integrity is inconsistent with the international legal human rights system founded on liberal individualism. By showing the plausibility of indigenous peoples’ defense of their cultural integrity, this article suggests that the international legal human rights system ought to be reconceptualized to reflect a genuine international consensus on human rights among all well-ordered societies if it is to function as a just mechanism for global governance. (shrink)

In this paper, I develop two philosophically suggestive arguments that the late Justice Stevens made in Citizens United against the idea that business corporations have free speech rights. First, (1) while business corporations conceived as real entities are capable of a thin agency conceptually sufficient for moral rights, I argue that they fail to clear important justificatory hurdles imposed by interest or choice theories of rights. Business corporations conceived as real entities lack an interest in their personal security; moreover, they (...) are incapable of exercising innate powers of choice. Second, (2) I argue that the structure and functionally individualized purpose of a business corporation—to increase value for its shareholders—undermines the implicit joint commitment necessary to derive corporate rights of free speech from non-operative shareholder-member rights. Since one cannot transfer innate moral rights such as free speech, any exercise of this right on behalf of another must be limited in scope. (shrink)