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)

Is morality rational? In this book Gauthier argues that moral principles are principles of rational choice. He proposes a principle whereby choice is made on an agreed basis of cooperation, rather than according to what would give an individual the greatest expectation of value. He shows that such a principle not only ensures mutual benefit and fairness, thus satisfying the standards of morality, but also that each person may actually expect greater utility by adhering to morality, even though the choice (...) did not have that end primarily in view. In resolving what may appear to be a paradox, the author establishes morals on the firm foundation of reason. Gauthier's argument includes an account of value, linking it to preference and utility; a discussion of the curcumstances in which morality is unnecessary; and an application of morals by agreement to relations between peoples at different levels of development and different generations. Finally, he reflects on the assumptions about individuality and community made by his account of rationality and morality. (shrink)

Bentham's best-known book stands as a classic of both philosophy and jurisprudence. The 1789 work articulates an important statement of the foundations of utilitarian philosophy — it also represents a pioneering study of crime and punishment. Bentham's reasoning remains central to contemporary debates in moral and political philosophy, economics, and legal theory.

This case study focuses on Roger Boisjoly's attempt to prevent the launch of the Challenger and subsequent quest to set the record straight despite negative consequences. Boisjoly's experiences before and after the Challenger disaster raise numerous ethical issues that are integral to any explanation of the disaster and applicable to other management situations. Underlying all these issues, however, is the problematic relationship between individual and organizational responsibility. In analyzing this fundamental issue, this paper has two objectives: first, to demonstrate the (...) extent to which the ethical ambiguity that permeates the relationship between individual and organizational responsibility contributed to the Challenger disaster; second, to reclaim the meaning and importance of individual responsibility within the diluting context of large organizations. (shrink)

Partly as a result of much recent evidence of business and government crime, a large proportion of major corporations have adopted codes of ethics; government service is also making more use of them. The electrical manufacturing anti-trust conspiracy and 1973–1976 investigation of foreign and domestic bribery were immediate prods. There are also government codes of which the ASPA code is most widely distributed. Corporate codes discuss relations to employees, interemployee relationships, whistle blowing, effect on environment, commercial bribery, insider information, other (...) conflicts of interest, anti-trust, accounting, consumer relations, and political activities. A discussion of use of codes shows partly favorable results. A number of corporation decisions have not yet become a subject of code provisions. Codes will be more useful if the reasons behind each order are stated and team work is encouraged. (shrink)

For both philosophers and managers, reasoning with ourselves and others can be used both as (1) a way of knowing what is ethical and (2) a way of acting to help ourselves, others and organizations behave ethically. However, for many of us, knowing is frequently not the same as acting. Four areas are addressed: (1) thirteen limitations of ethical reasoning as an action strategy; (2) how a better understanding of these limitations can strengthen ethical reasoning as an action strategy; (3) (...) how an understanding of these limitations can serve as a conceptual foundation for exploring other ethical action strategies; and, (4) implications for experiential learning and teaching. (shrink)

This edition includes a new introduction by Peter J. Gomes that reflects on the impact of this book in the years since it was written.

When managers use moral expressions in their communications, they do so for several, sometimes contradictory reasons. Based upon analyses of interviews with managers, this article examines seven distinctive uses of moral talk, sub-divided into three groupings: (1) managers use moral talk functionally to clarify issues, to propose and criticize moral justifications, and to cite relevant norms; (2) managers also use moral talk functionally to praise and to blame as well as to defend and criticize structures of authority; finally (3) managers (...) use moral talk dysfunctionally to rationalize morally ambiguous behavior and to express frustrations. The article concludes with several practical recommendations. (shrink)

The new critical edition of the works and correspondence of Jeremy Bentham (1748-1832) is being prepared and published under the supervision of the Bentham Committee of University College London. In spite of his importance as jurist, philosopher, and social scientist, and leader of theUtilitarian reformers, the only previous edition of his works was a poorly edited and incomplete one brought out within a decade or so of his death. Eight volumes of the new Collected Works, five of correspondence, and three (...) of writings on jurisprudence, appeared between 1968 and 1981, published bythe Athlone Press. Further volumes in the series since then are published by Oxford University Press. The overall plan and principles of the edition are set out in the General Preface to The Correspondence of Jeremy Bentham, vol. 1, which was the first volume of the Collected Works to bepublished.An Introduction to the Principles of Morals and Legislation, Jeremy Bentham's best-known work, is a classic text in modern philosophy and jurisprudence. First published in 1789, it contains the important statement of the foundations of utilitarian philosophy and a pioneering study of crime andpunishment, both of which remain at the heart of contemporary debates in moral and political philosophy, economics, and legal theory. Printed here in full is the definitive edition, edited by the distinguished scholars J. H. Burns and H. L. A. Hart. An introductory essay by Hart, first published in1982 and a widely acknowledged classic in its own right, is reprinted here. It contains an important analysis of Bentham's principle of utility, theory of action, and an account of the relationship between law and morality.A new introduction by the leading Bentham scholar F. Rosen, specially written for this Clarendon Paperback edition, provides students with a helpful survey of Bentham's main ideas and an extensive bibliographical study of recent critical work on Bentham. Professor Rosen's essay also contains a newanalysis of the principle of utility in Bentham's philosophy which is compared with its use in Hume and J. S. Mill. (shrink)

Ethical reasoning as an action (praxis) as opposed to a knowing (epistemology) strategy is not always effective in guilding ethical, stopping or turning around unethical organizational behavior. In contrast, nonviolent forcing strategies can be very effective, but also destructive. If reasoning is an idealistic thesis and forcing is its pragmatic, material antithesis, then do we need a synthesis action (praxis) strategy such as problem solving negotiating? There are also limitations with negotiating.

What can and should we do as managers and administrators when our sense of personal morality is at odds with our organization's behavior? Among the many alternatives are: (1) not think about it; (2) go along and get along; (3) protest; (4) conscientiously object; (5) leave; (6) secretly blow the whistle; (7) publicly blow the whistle; (8) secretly threaten to blow the whistle; (9) sabotage; and, (10) negotiate and build consensus for a change in the unethical behavior. This article considers (...) the advantages and disadvantages of these ten types of strategies based on some philosophy, game theory and everyday pragmatics. (shrink)