The question of whether or not a closed border entry policy under the unilateral control of a democratic state is legitimate cannot be settled until we first know to whom the justification of a regime of control is owed. According to the state sovereignty view, the control of entry policy, including of movement, immigration, and naturalization, ought to be under the unilateral discretion of the state itself: justification for entry policy is owed solely to members. This position, however, is inconsistent (...) with the democratic theory of popular sovereignty. Anyone accepting the democratic theory of political legitimation domestically is thereby committed to rejecting the unilateral domestic right to control state boundaries. Because the demos of democratic theory is in principle unbounded, the regime of boundary control must be democratically justified to foreigners as well as to citizens, in political institutions in which both foreigners and citizens can participate. (shrink)

Democracy and justice are often mutually antagonistic ideas, but in this innovative book Ian Shapiro shows how and why they should be pursued together. Justice must be sought democratically if it is to garner legitimacy in the modern world, he claims, and democracy must be justice-promoting if it is to sustain allegiance over time. _Democratic Justice_ meets these criteria, offering an attractive vision of a practical path to a better future. Wherever power is exercised in human affairs, Shapiro argues, the (...) lack of democracy will be experienced as injustice. The challenge is to democratize social relations so as to diminish injustice, but to do this in ways that are compatible with people’s values and goals. Shapiro shows how this can be done in different phases of the human life cycle, from childhood through the adult worlds of work and domestic life, retirement, old age, and approaching death. He spells out the implications for pressing debates about authority over children, the law of marriage and divorce, population control, governing the firm, basic income guarantees, health insurance, retirement policies, and decisions made by and for the infirm elderly. This refreshing encounter between political philosophy and practical politics will interest all those who aspire to bequeath a more just world to our children than the one we have inherited. (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)

There is a clear tendency in contemporary political/legal thought to limit agency to individual agents, thereby denying the existence and relevance of collective moral agency in general, and corporate agency in particular. This tendency is ultimately rooted in two particular forms of individualism – methodological and fictive (abstract) – which have their source in the Enlightenment. Furthermore, the dominant notion of moral agency owes a lot to Kant whose moral/legal philosophy is grounded exclusively on abstract reason and personal autonomy, to (...) the detriment of a due recognition of the socio-historical grounds of moral social conduct.I shall argue that an adequate theory of responsibility is needed, which does not only take into account individual responsibility, but also collective and corporate responsibility, capable of taking into consideration society and its problems. Furthermore, corporations are consciously and carefully structured organisations with different levels of management and have clearly defined aims and objectives, a central feature upon which I shall be focussing in this paper. (shrink)

Should we conceive of corporations as entities to which moral responsibility can be attributed? This contribution presents what we will call a political account of corporate moral responsibility. We argue that in modern, liberal democratic societies, there is an underlying political need to attribute greater levels of moral responsibility to corporations. Corporate moral responsibility is essential to the maintenance of social coordination that both advances social welfare and protects citizens' moral entitlements. This political account posits a special capacity of self-governance (...) that corporations can intelligibly be said to possess. Corporations can be said to be "administrators of duty" in that they can voluntarily incorporate moral principles into their decision-making processes about how to conduct business. This account supplements and partly transforms earlier pragmatic accounts of corporate moral responsibility by disentangling responsibility from its conventional linkages with accountability, blame and punishment. It thereby represents a distinctive way to defend corporate moral responsibility and shows how Kantian thinking can be helpful in disentangling the problems surrounding the concept. (shrink)

Although the focus of "Globalizing Democracy and Human Rights" is practical, Gould does not shy away from hard theoretical questions, such as the relentless debate over cultural relativism, and the relationship between terrorism and democracy.

It is uncontroversial that corporations are legal agents that may be attributed with legal responsibilities. However, can corporations also be moral agents that are the proper subjects of moral responsibility attributions? The concept of corporate moral agency entails that corporations can be the proper bearers of moral responsibilities in a manner that is distinct from their human members. The paper acknowledges the important work done by Velasquez in debunking the purported intention and action abilities for corporate moral agency, but suggests (...) that a simpler debunking is possible by focusing on the moral agency ability of autonomy. Furthermore, a proper grasp of the autonomy ability provides a greater understanding for why corporations cannot have autonomous intentions nor perform autonomous actions. The autonomy ability demonstrates the fallacy of corporate moral agency because it shows the impossibility of establishing the corporation as the proper bearer of moral responsibility in a manner that is distinct from the corporate members. (shrink)

Despite some exceptions, the business ethics literature on the moral responsibility of corporations does not emphasize a subject critical to that inquiry: the general nature of corporations. This article attempts to lessen the imbalance by describing three conceptions of the corporation that have been prominent in twentieth century legal theorizing, and by sketching their implications for the moral responsibility of corporations. These three conceptions, at least two of which have counterparts in the philosophical and organizational theory literature, are the concession, (...) aggregate, and real entity theories. The article concludes that the real entity theory is the most plausible of the lot. At least under prevailing tests of moral responsibility, it then contends, corporations-as-real-entities are morally responsible for most of their members' actions. (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)

My aim in this paper is to explore the notion that corporations have moral rights within the context of a constitutive rules model of corporate moral agency. The first part of the paper will briefly introduce the notion of moral rights, identifying the distinctive feature of moral rights, as contrasted with other moral categories, in Vlastos' terms of overridingness. The second part will briefly summarize the constitutive rules approach to the moral agency of corporations (à la French, Smith, Ozar) and (...) pose the question of the paper. The third part will argue that, since the moral agency of corporations is dependent on the choices of those whose acceptence of the relevant rules constitutes the corporation as a moral agent, the rights of corporations are conventional; that is, they exist because they are so created. Thus, as a first answer, corporations do not have moral rights.But this raises a further question which we must explore. Once a corporation has been constituted, by the acceptance of the relevant rules by the relevant persons, does the corporation then have rights which endure? Can those who have constituted a corporation with certain rights morally change or cancel those rights in medias res without doing some sort of moral violence to the corporation? Do corporations at least have a moral right to persist in the conventional rights with which they were constituted? (shrink)

The debate concerning corporate moral agency is normally conducted through philosophical arguments in articles which argue from only one point of view. This paper summarises both the arguments for and against corporate moral agency and concludes from this that the arguments in favour have more weight. The paper also addresses the way in which the law in the U.K. and the U.S.A. currently views this issue and shows how it is supportive of the concept of corporate moral agency. The paper (...) concludes by considering the implications of the debate for business ethics in general, and stakeholder theory and virtue ethics in particular. (shrink)

In this paper, I consider the claim that a corporation cannot be held to be morally responsible unless it is a person. First, I argue that this claim is ambigious. Person flags three different but related notions: metaphysical person, moral agent, moral person. I argue that, though one can make the claim that corporates are metaphysical persons, this claim is only marginally relevant to the question of corporate moral responsibility. The central question which must be answered in discussions of corporate (...) moral responsibility is whether corporations are moral agents or moral persons. I argue that, though we can make a case for saying corporations are moral agents, they are not moral persons, and hence, we can hold them responsible. In addition, we need not treat them the way we would be obligated to treat a moral person; we needn't have the same scruples about holding a corporation morally responsible as we would a moral person. (shrink)

Abstract:This paper explores an ontological approach to the issue of whether corporations, like individuals, are morally responsible for their actions. More specifically, we investigate the identity of organizations relative to the individuals that compose them. Based on general systems theory, the traditional assumption is that social collectives are more complex, variable, and loosely coupled than individuals. This assumption rests on two premises. The first is a view of the individual as simple, stable, and tightly coupled (i.e., unitary). The second premise (...) is that the relationship between social collectives and their members is characterized by the complete inclusion of individuals in higher order systems.We examine the social science literature that bears on these premises and conclude that they are false. The differences between organizations and individuals in the magnitude of complexity or variability appear to be minimal or nonexistent. An implication of our analysis is that individuals and organizations are coterminous and, therefore, inseparable as moral agents. (shrink)

This article discusses the problem of global democracy, and why democratic legitimacy seems so difficult to attain at the global level. I start by arguing that the difficulties we experience when we try to widen the scope of democratic governance beyond the boundaries of individual states have nothing to do with the characteristics of global society, but result from the underlying assumption that a political community has to be bounded and based on consent in order for democratic legitimacy to be (...) possible. I then explore how this view came into being, arguing that the perennial paradoxes of democratic legitimacy are little but results of earlier and successful attempts to make the concept of political community coextensive with that of the nation. Finally, I argue that once we let go of the idea that political communities have to be bounded and based on consent in order to qualify as democratic ones, the paradox of democratic legitimacy will look like a category mistake rather than an inescapable obstacle to global democracy. Keywords : cosmopolitanism, democratic paradox, legitimacy, global governance (Published online: 7 November 2008) Citation: Ethics & Global Politics. Vol. 1, No. 4, 2008, pp. 159-174. DOI: 10.3402/egp.v1i4.1858. (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)

I aim to disentangle two very important debates: one about whether corporations can be moral agents (and thus have moral obligations), one about whether corporations are persons (and thus entitled to certain rights and protections). Critics often conflate these two debates, arguing that moral agency entails personhood and then treating that entailment as a kind of reductio for claims of corporate moral agency. My primary purpose is to rebut the claim of entailment, demonstrating that even the highly sophisticated moral agency (...) of corporations does not entail the kind of personhood at issue here: to be a person requires a kind of vulnerability that corporations do not have. Additionally, exploring how this is the case reveals a flaw in the Supreme Court’s reasoning in Citizens United. (shrink)

Opening with Ford Motor Company as a case in point, this essay develops a broad and systematic approach to the field of business ethics. After an analysis of the form and content of the concept of responsibility, the author introduces the principle of moral projection as a device for relating ethics to corporate policy. Pitfalls and objections to this strategy are examined and some practical implications are then explored.The essay not only defends a proposition but exhibits a research style and (...) a research program. Philosophical ethics and organizational management are joined in the process. (shrink)

The Rights of Others examines the boundaries of political community by focusing on political membership - the principles and practices for incorporating aliens and strangers, immigrants and newcomers, refugees and asylum seekers into existing polities. Boundaries define some as members, others as aliens. But when state sovereignty is becoming frayed, and national citizenship is unravelling, definitions of political membership become much less clear. Indeed few issues in world politics today are more important, or more troubling. In her Seeley Lectures, the (...) distinguished political theorist Seyla Benhabib makes a powerful plea, echoing Immanuel Kant, for moral universalism and cosmopolitan federalism. She advocates not open but porous boundaries, recognising both the admittance rights of refugees and asylum seekers, but also the regulatory rights of democracies. The Rights of Others is a major intervention in contemporary political theory, of interest to large numbers of students and specialists in politics, law, philosophy and international relations. (shrink)

In her 2004 book Carol Gould addresses the fundamental issue of democratizing globalization, that is to say of finding ways to open transnational institutions and communities to democratic participation by those widely affected by their decisions. The book develops a framework for expanding participation in crossborder decisions, arguing for a broader understanding of human rights and introducing a new role for the ideas of care and solidarity at a distance. Reinterpreting the idea of universality to accommodate a multiplicity of cultural (...) perspectives, the author takes up a number of applied issues, including the persistence of racism, cultural rights, women's human rights, the democratic management of firms, the use of the Internet to enhance political participation, and the importance of empathy and genuine democracy in understanding terrorism and responding to it. Accessibly written with a minimum of technical jargon this is a major contribution to political philosophy. (shrink)

This volume collects some of the leading essays in contemporary democratic theory published in the past thirty years. The anthology presents the work of a select group of contributors (including Peter Singer, Joshua Cohen, Ronald Dworkin, Richard Arneson, and others) and covers many foundational approaches defended by scholars from a range of different disciplines. The chapters address many issues that are central to philosophical reflections on democracy, such as questions pertaining to deliberative and economic approaches, as well as to such (...) topics as intrinsic fairness, the role of equality in relation to minority groups, and the limits of democracy. Covering representative work in economics, political science, legal theory, and philosophy, this comprehensive volume is suited to courses in political theory and political philosophy. (shrink)

This latest work from one of the world's leading political philosophers will appeal to audiences from a variety of fields, including philosophy, political science, women's studies, ethnic studies, sociology, and communications studies.

Are companies, churches, and states genuine agents? Or are they just collections of individuals that give a misleading impression of unity? This question is important, since the answer dictates how we should explain the behaviour of these entities and whether we should treat them as responsible and accountable on the model of individual agents. Group Agency offers a new approach to that question and is relevant, therefore, to a range of fields from philosophy to law, politics, and the social sciences. (...) Christian List and Philip Pettit argue that there really are group or corporate agents, over and above the individual agents who compose them, and that a proper approach to the social sciences, law, morality, and politics must take account of this fact. Unlike some earlier defences of group agency, their account is entirely unmysterious in character and, despite not being technically difficult, is grounded in cutting-edge work in social choice theory, economics, and philosophy. (shrink)

Despite being fundamental to democracy, the normative concept of the people, i.e. the demos, is highly unclear. This article clarifies the legitimacy of the demos’ boundaries by structuring the debate into three strains of justification: first, normative membership principles; second, its democratic functionality and the necessity of cohesion for this essential function; and third, a procedural understanding of the demos. It will be shown that normative principles can only justify its expansion towards the ideal of an unbounded demos. On the (...) other hand, the democratic function of the demos can be understood as a criterion for its restriction. This, however, is only possible on the basis of an existing polity and not for the initial constitution of the demos. Consequently, a legitimate demos has to take both inclusionary and exclusionary tendencies into account. These tendencies need to be weighed against each other in the democratic process, which leads to a fundamentally procedural understanding of the legitimacy of the demos. (shrink)

Incorporated groups include businesses, universities, churches and the like. Organized to act as single centers of agency, they also routinely satisfy the three conditions that make an agent fit to be held responsible: they face significant choices, can recognize the relative value of different options, and are able to choose in sensitivity to such values. But is it redundant to hold a corporate agent responsible for something, when certain members are also held responsible for the individual parts they play? No (...) it is not, for it is often possible for a corporate entity to be fully fit to be held responsible, when this is not true of the individual members; they may be able to make excuses that are not available at the corporate level. Does the case made for corporate responsibility extend to unincorporated collectivities like nations or religions? Not strictly but it does explain why it may be sensible to treat those collectivities as if they had corporate responsibility in certain domains. (shrink)