The illusory appeal of double effect -- The significance of intent -- Means and ends -- Blame.

Why our workplaces are authoritarian private governments—and why we can’t see it One in four American workers says their workplace is a “dictatorship.” Yet that number almost certainly would be higher if we recognized employers for what they are—private governments with sweeping authoritarian power over our lives. Many employers minutely regulate workers’ speech, clothing, and manners on the job, and employers often extend their authority to the off-duty lives of workers, who can be fired for their political speech, recreational activities, (...) diet, and almost anything else employers care to govern. In this compelling book, Elizabeth Anderson examines why, despite all this, we continue to talk as if free markets make workers free, and she proposes a better way to think about the workplace, opening up space for discovering how workers can enjoy real freedom. (shrink)

Choices can be wise or foolish, and feelings can be apt or off the mark. So we judge, and it would be good to know what content these normative judgements carry. Gibbard offers an answer, and elaborates it. His theory explores what is at issue in narrowly moral questions, and in questions of rational thought and conduct in general.

With the demise of Marxism and socialism, the United States is becoming a model not merely for free enterprise, but also for employment practices worldwide. I believe that free enterprise is the least worst economic system, given the alternatives, a position I shall assume, but not defend, here. However, I shall argue, a successful free enterprise political economy does not entail mimicking US employment practices. I find even today in 1998, as I shall outline in more detail, these practices, when (...) consistently carried out, by and large erode trust in the workplace, they are, on balance unfair to workers and managers, and, if Jeffrey Pfeffer is correct, they do not maximize long-term corporate earnings or growth. Getting clear on US employment practices and their weaknesses may help to shape other models for employment that neither contravene free enterprise nor are degrading to workers. (shrink)

R. Jay Wallace argues in this book that moral accountability hinges on questions of fairness: When is it fair to hold people morally responsible for what they do? Would it be fair to do so even in a deterministic world? To answer these questions, we need to understand what we are doing when we hold people morally responsible, a stance that Wallace connects with a central class of moral sentiments, those of resentment, indignation, and guilt. To hold someone responsible, he (...) argues, is to be subject to these reactive emotions in one's dealings with that person. Developing this theme with unusual sophistication, he offers a new interpretation of the reactive emotions and traces their role in our practices of blame and moral sanction. With this account in place, Wallace advances a powerful and sustained argument against the common view that accountability requires freedom of will. Instead, he maintains, the fairness of holding people responsible depends on their rational competence: the power to grasp moral reasons and to control their behavior accordingly. He shows how these forms of rational competence are compatible with determinism. At the same time, giving serious consideration to incompatibilist concerns, Wallace develops a compelling diagnosis of the common assumption that freedom is necessary for responsibility. Rigorously argued, eminently readable, this book touches on issues of broad concern to philosophers, legal theorists, political scientists, and anyone with an interest in the nature and limits of responsibility. (shrink)

Responsibility and the Moral Sentiments offers an account of moral responsibility. It addresses the question: what are the forms of capacity or ability that render us morally accountable for the things we do? A traditional answer has it that the conditions of moral responsibility include freedom of the will, where this in turn involves the availability of robust alternative possibilities. I reject this answer, arguing that the conditions of moral responsibility do not include any condition of alternative possibilities. In the (...) terms that have become familiar, the book thus defends a compatibilist account of moral responsibility. (shrink)

Properly speaking, the corporation, considered as an entity distinct from its members, cannot be morally responsible for wrongful corporate acts. Setting aside (in this abstract) acts brought about through negligence or omissions, we may say that moral responsibility for an act attaches to that agent (or agents) in whom the act "originates" in this sense: (1) the agent formed the (mental) intention or plan to bring about that act (possibly with the help of others) and (2) the act was intentionally (...) brought about through bodily movements over which that agent had direct control (i.e. the kind of direct mental control that I have over the body I refer to as "my" body) and through which the agent carried out his (mental) intention or plan. Corporate acts do not thus originate in some corporate entity distinct from its members because the corporation has neither a mind to form intentions nor a body it directly controls: it lacks the proper mind/body unity. Instead, corporate acts originate in individual autonomous human beings who make up the corporation and who intentionally bring about corporate acts through their own bodily movements. Such human individuals, and not "the corporation," are morally responsible for corporate acts. Moreover, to say that an entity is "morally responsible" for a wrongful act is to say that the entity is liable to blame and punishment. But it is not possible to impose blame and punishment on a corporation without inflicting it on corporate members. Thus, to say that a corporation (as an entity distinct from its members) is "morally responsible" for a wrongful corporate act is to imply that a (possibly innocent) corporate member legitimately may be punished for something for which another entity was morally responsible. This violates the moral principles that underlie blame and punishment. To hold that the corporation can be morally responsible for its acts is to adopt a dangerous organicism. (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)

When may someone complain, morally? And what, if any, is the relationship between legitimate moral complaint and one's own behaviour? I point out a perplexity about a certain class of moral complaints. Two very different conceptions of moral complaint seem to be operating, and they often have contrary implications. Moreover, both seem intuitively compelling. This is theoretically and practically troubling, but has not been sufficiently noticed. The Paradox of Moral Complaint seems to point to an inherent difficulty in our reflective (...) moral intuitions. Given the legislative nature of moral agency, the plausible limitations upon reasonable moral complaint seem to contradict the inviolability of central moral constraints and the complaints they allow. In the sort of cases under discussion, morality seems at once both to insist upon the possibility of moral complaint, and to deny it. (Published Online August 21 2006). (shrink)

A number of philosophers have recently argued that we should interpret the debate over moral responsibility as a debate over the conditions under which it would be “fair” to blame a person for her attitudes or conduct. What is distinctive about these accounts is that they begin with the stance of the moral judge, rather than that of the agent who is judged, and make attributions of responsibility dependent upon whether it would be fair or appropriate for a moral judge (...) to react to the agent in various (negative) ways. This is problematic, I argue, because our intuitions about whether and when it would be fair to react negatively to another are sensitive to a host of considerations that appear to have little or nothing to do with an agent’s responsibility or culpability for her attitudes or behavior. If this is correct, then theories which make attributions of responsibility dependent upon the appropriateness of our reactions as moral judges will turn out to be fundamentally misguided. (shrink)

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 (...) divides the two is not so much competing conceptions of the corporation as it is disagreement about what moral agency requires. Homing in on the real site of contention will, it is hoped, allow future participants in the debate to focus their efforts more productively. (shrink)

When a person acts from ignorance, he is culpable for his action only if he is culpable for the ignorance from which he acts. The paper defends the view that this principle holds, not just for actions done from ordinary factual ignorance, but also for actions done from moral ignorance. The question is raised whether the principle extends to action done from ignorance about what one has most reason to do. It is tentatively proposed that the principle holds in full (...) generality. (shrink)

When is one person entitled to sanction another for moral wrongdoing? When, instead, must one mind one’s own business? Stephen Darwall argues that the legitimacy of social sanctioning is essential to the very concept of moral obligation. But, I will argue, Darwall’s “second person” theory of accountability unfortunately implies that every person is entitled to sanction every wrongdoer for every misdeed. In this essay, I defend a set of principles for differentiating those who have the standing to sanction from those (...) who do not. (shrink)

IntroductionStrawsonian theories of moral responsibility, which aim to ground the phenomenon of moral responsibility in our practices of holding one another accountable for our actions, lead us to think more carefully about the content of those practices. Strawson and his followers have done much to explore the significance of the deontic reactive attitudes (resentment, indignation and guilt), which we tend to aim at wrongdoers.P. F. Strawson, "Freedom and Resentment," Proceedings of the British Academy, Vol. 48 (1962). See also, R. Jay (...) Wallace, Responsibility and the Moral Sentiments (Cambridge, MA: Harvard University Press, 1994); and Stephen Darwall, The Second-Person Standpoint: Morality, Respect and Accountability (Cambridge, MA: Harvard, 2006). In this essay, I am interested in the ways in which we express those attitudes. While it is plausible that experiencing a negative reactive attitude would be permissible in every case of blameworthy wrongdoing, few would agree that verbal .. (shrink)

Is gossip ever appropriate as a response to other people’s misdeeds or character flaws? Gossip is arguably the most common means through which communities hold people responsible for their vices and transgressions. Yet, gossiping itself is traditionally considered wrong. This essay develops an account of social punishment in order to ask whether gossip can serve as a legitimate means of enforcing moral norms. In the end, however, I argue that gossip is most likely to be permissible where it resembles punishment (...) as little as possible. (shrink)

When a wrongdoing occurs, victims, barring special circumstance, can aptly forgive their wrongdoers, receive apologies, and be paid reparations. It is also uncontroversial, in the usual circumstances, that wronged parties can aptly blame their wrongdoer. But controversy arises when we consider blame from third-parties after the victim has forgiven. At times it seems that wronged parties can make blame inapt through forgiveness. If third parties blame anyway, it often appears the victim is justified in protesting. “But I forgave him!” In (...) other cases, however, forgiveness seems irrelevant: B can forgive A, but it can still seem that third parties can aptly blame A for the wrong against B. This perplexity adds a dimension to ongoing discussion regarding criteria for apt blame and the related issues of standing and fittingness. This paper explores the status of third party blame after forgiveness. I argue that while post forgiveness blame is often inapt, in many other cases forgiveness is irrelevant. This difference is explained by appeal to the various relationships third parties might have to wronged parties, and how these differences affect the ways we blame and thereby blame’s aptness. (shrink)

The Herald of Free Enterprise, a ferry operating in the English Channel, sank on March 6, 1987, drowning nearly two hundred people. The official inquiry found that the company running the ferry was extremely sloppy, with poor routines of checking and management. “From top to bottom the body corporate was infected with the disease of sloppiness.”1 But the courts did not penalize anyone in what might seem to be an appropriate measure, failing to identify individuals in the company or on (...) the ship itself who were seriously enough at fault. As one commentator put it, “The primary requirement of finding an individual who was liable . . . stood in the way of attaching any significance to the organizational sloppiness that had been found by the official inquiry.”2 In a case like this it can make good sense to hold that while the individuals involved may not bear a high degree of personal responsibility, together as a corporate enterprise they should carry full responsibility for what occurred. Although the members may not fully satisfy the conditions for being held personally responsible—although there are mitigating circumstances that excuse them in some mea-. (shrink)

Recently, philosophers have turned their attention to the question, not when a given agent is blameworthy for what she does, but when a further agent has the moral standing to blame her for what she does. Philosophers have proposed at least four conditions on having “moral standing”: -/- 1. One’s blame would not be “hypocritical”. 2. One is not oneself “involved in” the target agent’s wrongdoing. 3. One must be warranted in believing that the target is indeed blameworthy for the (...) wrongdoing. 4. The target’s wrongdoing must some of “one’s business”. -/- These conditions are often proposed as both conditions on one and the same thing, and as marking fundamentally different ways of “losing standing.” Here I call these claims into question. First, I claim that conditions (3) and (4) are simply conditions on different things than are conditions (1) and (2). Second, I argue that condition (2) reduces to condition (1): when “involvement” removes someone’s standing to blame, it does so only by indicating something further about that agent, viz., that he or she lacks commitment to the values that condemn the wrongdoer’s action. The result: after we clarify the nature of the non-hypocrisy condition, we will have a unified account of moral standing to blame. Issues also discussed: whether standing can ever be regained, the relationship between standing and our "moral fragility", the difference between mere inconsistency and hypocrisy, and whether a condition of standing might be derived from deeper facts about the "equality of persons". (shrink)

In this article I address the tension between evaluative surveillance and privacy against the backdrop of the current explosion of information technology. More specifically, and after a brief analysis of privacy rights, I argue that knowledge of the different kinds ofsurveillance used at any given company should be made explicit to the employees. Moreover, there will be certain kinds of evaluativemonitoring that violate privacy rights and should not be used in most cases.

In this article I address the tension between evaluative surveillance and privacy against the backdrop of the current explosion of information technology. More specifically, and after a brief analysis of privacy rights, I argue that knowledge of the different kinds ofsurveillance used at any given company should be made explicit to the employees. Moreover, there will be certain kinds of evaluativemonitoring that violate privacy rights and should not be used in most cases.

The paper has two parts. The first considers the debate about whether social entities should be regarded as obiects distinct from their members and concludes that we should let the answer to this question be determined by the theories that social science finds to have the most explanatory power. The second part argues that even if the theory with the most explanatory power regards social entities such as organizations as persons in their own right, we should not accord them citizenship (...) in the moral realm. Rather we should accept moral individualism, the thesis that only individual humans can have rights and duties.The moral status of corporations and other organizations is often thought to depend on their ontological status. In particular, it is thought to depend on whether they can be said to exist as distinct entities, and especially as persons distinct from the individuals who are their members. In this article Iargue that the two questions are actually independent of each other. No matter what the ontological status of organizations, they should not be accorded citizenship in the moral realm in their own right. (shrink)

The United States is distinctive among advanced economies in that its employment laws and practices are governed byEmployment at Will (EAW). Most other nations have variations on Just Cause dismissal rules. I argue that the U.S. preference for EAW is unsupported by concerns about net social or economic consequences. More centrally, I argue that the basic moral commitments that underlie the U.S. system of private property and freedom of contract are commitments that lend support to Just Cause over EAW.

There is a growing literature that attempts to define the substantive rights of employees in the workplace, a.k.a. the duties of employers toward their employees. Following Nozick, this article argues that — so long as there is a competitive labor market — to set up a class of moral rights in the workplace invades workers' rights to freely choose the terms and conditions of employment they judge best.

This article explores the concept of blame in organizations. Existing work suggests that ‘no-blame’ approaches may be conducive to organizational learning and may foster innovation. However, both the apparently strong public appetite for blaming, and research into no-blame approaches, suggest that wider application of ‘no-blame’ in organizations may not be straightforward. The article explores the contribution of the rich philosophical literature on blame to this debate, and considers the implications of philosophical ideas for the no-blame idea. In doing so, it (...) identifies conceptual and practical issues, sheds light on why the benefits of ‘no-blame’ may be difficult to realize, and offers the basis for an alternative approach. The article also contributes by providing foundations for future research, and identifies some fruitful lines of enquiry. (shrink)

Moral grandstanding is a pervasive feature of public discourse. Many of us can likely recognize that we have engaged in grandstanding at one time or another. While there is nothing new about the phenomenon of grandstanding, we think that it has not received the philosophical attention it deserves. In this essay, we provide an account of moral grandstanding as the use of public discourse for moral self-promotion. We then show that our account, with support from some standard theses of social (...) psychology, explains the characteristic ways that grandstanding is manifested in public moral discourse. We conclude by arguing that there are good reasons to think that moral grandstanding is typically morally bad and should be avoided. (shrink)

In this paper I consider fairness of blaming a wrongdoer. In particular, I consider the claim that blaming a wrongdoer can be unfair because blame has a certain characteristic force, a force which is not fairly imposed upon the wrongdoer unless certain conditions are met--unless, e.g., the wrongdoer could have done otherwise, or unless she is someone capable of having done right, or unless she is able to control her behavior by the light of moral reasons. While agreeing that blame (...) has a characteristic force, I am skeptical of this charge of unfairness. My skepticism concerns itself less with the particular conditions of fairness proposed than with the idea that blame can be rendered unfair by its characteristic force. If to blame a person were simply to perform certain intentional actions, then, as we will see, blame could be rendered unfair by its force. But to blame a person is not just to act in certain ways. It is, at least in large part, to make certain judgments or adopt certain attitudes. However, it is unclear how these attitudes or judgments carry "force"? and also unclear whether they can be rendered unfair by their force. Examining these issues, I will suggest that much of the force of blame is found in a set of judgments--most centrally, the judgment that one person failed to show proper regard for others. But, I will argue, once it is granted that such judgments are true, their characteristic force cannot render them unfair. (shrink)

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 (...) moral agency and then demonstrates that, on this account, qualifying corporations do possess free will. Such entities possess and act from their own “actional springs”, in Haji’s :292–308, 2006) phrase, and from their own reasons-responsive mechanisms. When they do so, they act freely and are morally responsible for what they do. (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 book examines some of the deepest questions in philosophy: What is involved in judging a belief, action, or feeling to be rational?

When we hope to explain and perhaps vindicate a practice that is internally diverse, philosophy faces a methodological challenge. Such subject matters are likely to have explanatorily basic features that are not necessary conditions. This prompts a move away from analysis to some other kind of philosophical explanation. This paper proposes a paradigm based explanation of one such subject matter: blame. First, a paradigm form of blame is identified—‘Communicative Blame’—where this is understood as a candidate for an explanatorily basic form (...) of blame. Second, its point and purpose in our lives is investigated and found to reside in its power to increase the alignment of the blamer and the wrongdoer's moral understandings. Third, the hypothesis that Communicative Blame is an explanatorily basic form of blame is tested out by seeing how far other kinds of blame can reasonably be understood as derivative, especially in respect of blame's point and purpose. Finally, a new and quasi-political worry about blame is raised. (shrink)

Hypocrites are often thought to lack the standing to blame others for faults similar to their own. Although this claim is widely accepted, it is seldom argued for. We offer an argument for the claim that nonhypocrisy is a necessary condition on the standing to blame. We first offer a novel, dispositional account of hypocrisy. Our account captures the commonsense view that hypocrisy involves making an unjustified exception of oneself. This exception-making involves a rejection of the impartiality of morality and (...) thereby a rejection of the equality of persons, which we argue grounds the standing to blame others. (shrink)

‘No matter what the grievance, and I'm sure that the Palestinians have some legitimate grievances, nothing can justify the deliberate targeting of innocent civilians. If they were attacking our soldiers it would be a different matter.’ (Dr. Zvi Shtauber, Israeli Ambassador to the United Kingdom, BBC Radio 4, May 1, 2003).

Semiotic objections to commodification hold that buying and selling certain goods and services is wrong because of what market exchange communicates or because it violates the meaning of certain goods, services, and relationships. We argue that such objections fail. The meaning of markets and of money is a contingent, socially constructed fact. Cultures often impute meaning to markets in harmful, socially destructive, or costly ways. Rather than semiotic objections giving us reason to judge certain markets as immoral, the usefulness of (...) certain markets gives us reason to judge certain semiotic codes as immoral. (shrink)

ABSTRACT:Work is a place where many adults devote significant portions of their waking lives, but it is also a place where civil liberties, including freedom of speech, are significantly constrained. I examine the regulation and control of expressive activity in and around the workplace from legal, managerial, and ethical perspectives. The focus of this article is onworkplace freedom of expression:the ability to engage in acts of expression at or away from the workplace, on subjects related or unrelated to the workplace, (...) free from the threat of discipline or discharge. I present a taxonomy of workplace-relevant acts of expression, describe the present legal status of workplace expression, review and integrate theoretical perspectives on free speech, drawn mainly from legal theory and philosophy, and critically assess the state of freedom of expression in the workplace, arguing that it is excessively and unnecessarily limited in both law and management practice. (shrink)

ABSTRACT:Work is a place where many adults devote significant portions of their waking lives, but it is also a place where civil liberties, including freedom of speech, are significantly constrained. I examine the regulation and control of expressive activity in and around the workplace from legal, managerial, and ethical perspectives. The focus of this article is onworkplace freedom of expression:the ability to engage in acts of expression at or away from the workplace, on subjects related or unrelated to the workplace, (...) free from the threat of discipline or discharge. I present a taxonomy of workplace-relevant acts of expression, describe the present legal status of workplace expression, review and integrate theoretical perspectives on free speech, drawn mainly from legal theory and philosophy, and critically assess the state of freedom of expression in the workplace, arguing that it is excessively and unnecessarily limited in both law and management practice. (shrink)

Both a morality, like Kant's, which relies on wrongdoers' guilt feelings and expectation of punishment, as enforcement for its requirements, and one which, like Hume's, relies on the feelings of shame and expectation of their fellows' contempt which will be felt by those showing lack of the moral virtues, seem to merit the charge that morality is an intrinsically cruel institution. The prospects for a gentle non-punitive morality are explored, and Hume's views found more promising, for this purpose, than Kant's.