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The Fallacy of Corporate Moral Agency

Dordrecht: Springer Netherlands (2015)

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  1. Anarchy, State, and Utopia.Robert Nozick - 1974 - New York: Basic Books.
    Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.
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  • Justice as fairness: a restatement.John Rawls (ed.) - 2001 - Cambridge: Harvard University Press.
    This book originated as lectures for a course on political philosophy that Rawls taught regularly at Harvard in the 1980s.
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  • (1 other version)Minds, brains, and programs.John Searle - 1980 - Behavioral and Brain Sciences 3 (3):417-57.
    What psychological and philosophical significance should we attach to recent efforts at computer simulations of human cognitive capacities? In answering this question, I find it useful to distinguish what I will call "strong" AI from "weak" or "cautious" AI. According to weak AI, the principal value of the computer in the study of the mind is that it gives us a very powerful tool. For example, it enables us to formulate and test hypotheses in a more rigorous and precise fashion. (...)
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  • (3 other versions)Freedom of the will and the concept of a person.Harry G. Frankfurt - 1971 - Journal of Philosophy 68 (1):5-20.
    It is my view that one essential difference between persons and other creatures is to be found in the structure of a person's will. Besides wanting and choosing and being moved to do this or that, men may also want to have certain desires and motives. They are capable of wanting to be different, in their preferences and purposes, from what they are. Many animals appear to have the capacity for what I shall call "first-order desires" or "desires of the (...)
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  • Morals by agreement.David P. Gauthier - 1986 - New York: Oxford University Press.
    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 (...)
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  • (1 other version)Alternate Possibilities and Moral Responsibility.Harry G. Frankfurt - 1969 - Journal of Philosophy 66 (23):829-839.
    This essay challenges the widely accepted principle that a person is morally responsible for what he has done only if he could have done otherwise. The author considers situations in which there are sufficient conditions for a certain choice or action to be performed by someone, So that it is impossible for the person to choose or to do otherwise, But in which these conditions do not in any way bring it about that the person chooses or acts as he (...)
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  • (3 other versions)Political Liberalism.J. Rawls - 1995 - Tijdschrift Voor Filosofie 57 (3):596-598.
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  • The Philosophy of Moral Development: Moral Stages and the Idea of Justice.Lawrence Kohlberg - 1981 - San Francisco : Harper & Row.
    Examines the theories of Socrates, Kant, Dewey, Piaget, and others to explore the implications of Socrates' question "what is a virtuous man, and what is a virtuous school and society which educates virtuous men.".
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  • (2 other versions)The Construction of Social Reality. Anthony Freeman in conversation with John Searle.J. Searle & A. Freeman - 1995 - Journal of Consciousness Studies 2 (2):180-189.
    John Searle began to discuss his recently published book `The Construction of Social Reality' with Anthony Freeman, and they ended up talking about God. The book itself and part of their conversation are introduced and briefly reflected upon by Anthony Freeman. Many familiar social facts -- like money and marriage and monarchy -- are only facts by human agreement. They exist only because we believe them to exist. That is the thesis, at once startling yet obvious, that philosopher John Searle (...)
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  • (1 other version)Free agency.Gary Watson - 1975 - Journal of Philosophy 72 (April):205-20.
    In the subsequent pages, I want to develop a distinction between wanting and valuing which will enable the familiar view of freedom to make sense of the notion of an unfree action. The contention will be that, in the case of actions that are unfree, the agent is unable to get what he most wants, or values, and this inability is due to his own "motivational system." In this case the obstruction to the action that he most wants to do (...)
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  • (3 other versions)Freedom of the will and the concept of a person.Harry Frankfurt - 2004 - In Tim Crane & Katalin Farkas (eds.), Metaphysics: a guide and anthology. New York: Oxford University Press.
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  • (1 other version)Minds, Brains, and Programs.John Searle - 2003 - In John Heil (ed.), Philosophy of Mind: A Guide and Anthology. New York: Oxford University Press.
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  • (3 other versions)Freedom of the Will and the Concept of a Person.Harry Frankfurt - 1982 - In Gary Watson (ed.), Free will. New York: Oxford University Press.
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  • The Philosophy of Sociality: The Shared Point of View.Raimo Tuomela - 2007 - New York, US: Oup Usa.
    The Philosophy of Sociality offers new ideas and conceptual tools for philosophers and social scientists in their analysis of the social world.
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  • Self-Ownership, Freedom, and Equality.Gerald Allan Cohen - 1995 - Cambridge University Press.
    In this book G. A. Cohen examines the libertarian principle of self-ownership, which says that each person belongs to himself and therefore owes no service or product to anyone else. This principle is used to defend capitalist inequality, which is said to reflect each person's freedom to do as as he wishes with himself. The author argues that self-ownership cannot deliver the freedom it promises to secure, thereby undermining the idea that lovers of freedom should embrace capitalism and the inequality (...)
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  • Value maximization, stakeholder theory, and the corporate objective function.Michael C. Jensen - 2002 - Business Ethics Quarterly 12 (2):235-256.
    Abstract: In this article, I offer a proposal to clarify what I believe is the proper relation between value maximization and stakeholder theory, which I call enlightened value maximization. Enlightened value maximization utilizes much of the structure of stakeholder theory but accepts maximization of the long-run value of the firm as the criterion for making the requisite tradeoffs among its stakeholders, and specifies long-term value maximization or value seeking as the firm’s objective. This proposal therefore solves the problems that arise (...)
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  • (1 other version)Shared intention.Michael E. Bratman - 1993 - Ethics 104 (1):97-113.
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  • Sociality and Responsibility: New Essays in Plural Subject Theory.Margaret Gilbert - 2000 - Rowman & Littlefield Publishers.
    One of the most distinguished living social philosophers, Margaret Gilbert develops and extends her application of plural subject theory of human sociality, first introduced in her earlier works On Social Facts and Living Together. Sociality and Responsibility presents an extended discussion of her proposal that joint commitments inherently involve obligations and rights, proposing, in effect, a new theory of obligations and rights. In addition, it demonstrates the extensive range and fruitfulness of plural subject theory by presenting accounts of social rules, (...)
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  • The Corporation as a Moral Person.Peter French - 1979 - American Philosophical Quarterly 16 (3):207 - 215.
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  • Corporations and Morality.Thomas Donaldson - 1982 - Journal of Business Ethics 1 (3):251-253.
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  • (1 other version)Responsibility incorporated.Philip Pettit - 2007 - Ethics 117 (2):171-201.
    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 (...)
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  • Groups with minds of their own.Philip Pettit - 2011 - In Alvin I. Goldman & Dennis Whitcomb (eds.), Social Epistemology: Essential Readings. New York: Oxford University Press.
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  • Is business bluffing ethical?Albert Z. Carr - forthcoming - Essentials of Business Ethics.
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  • Managing ethics in business organizations: social scientific perspectives.Linda Klebe Treviño - 2003 - Stanford, Calif.: Stanford Business Books. Edited by Gary R. Weaver.
    This book broadens the range of theoretically informed empirical research on business ethics (using data from major American corporations) and addresses the underlying questions about business ethics scholarship. It culminates a decade’s work by the authors—individually, jointly, and with others. The first part of the book addresses the major theoretical questions involved in doing empirical research about normative issues. It addresses the boundaries—methodological, conceptual, and institutional—that too easily separate philosophical and social scientific approaches to business ethics and reviews various ways (...)
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  • What Stakeholder Theory is Not.Andrew C. Wicks - 2003 - Business Ethics Quarterly 13 (4):479-502.
    Abstract:The term stakeholder is a powerful one. This is due, to a significant degree, to its conceptual breadth. The term means different things to different people and hence evokes praise or scorn from a wide variety of scholars and practitioners. Such breadth of interpretation, though one of stakeholder theory’s greatest strengths, is also one of its most prominent theoretical liabilities. The goal of the current paper is like that of a controlled burn that clears away some of the underbrush of (...)
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  • Sharing Responsibility.Larry May - 1992 - University of Chicago Press.
    Are individuals responsible for the consequences of actions taken by their community? What about their community's inaction or its attitudes? In this innovative book, Larry May departs from the traditional Western view that moral responsibility is limited to the consequences of overt individual action. Drawing on the insights of Arendt, Jaspers, and Sartre, he argues that even when individuals are not direct participants, they share responsibility for various harms perpetrated by their communities.
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  • Can a random collection of individuals be morally responsible?Virginia Held - 1970 - Journal of Philosophy 67 (14):471-481.
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  • (1 other version)Intention, Plans, and Practical Reason.M. E. Bratman - 1991 - Noûs 25 (2):230-233.
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  • Collective responsibility.Joel Feinberg - 1968 - Journal of Philosophy 65 (21):674-688.
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  • (1 other version)Responsibility Incorporated.Philip Pettit - 2007 - Netherlands Journal of Legal Philosophy 38 (2):90-117.
    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 (...)
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  • Business Ethics and (or as) Political Philosophy.Joseph Heath, Jeffrey Moriarty & Wayne Norman - 2010 - Business Ethics Quarterly 20 (3):427-452.
    ABSTRACT:There is considerable overlap between the interests of business ethicists and those of political philosophers. Questions about the moral justifiability of the capitalist system, the basis of property rights, and the problem of inequality in the distribution of income have been of central importance in both fields. However, political philosophers have developed, especially over the past four decades, a set of tools and concepts for addressing these questions that are in many ways quite distinctive. Most business ethicists, on the other (...)
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  • Why corporations are not morally responsible for anything they do.Manuel Velasquez - 1983 - Business and Professional Ethics Journal 2 (3):1–18.
    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 (...)
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  • Personal autonomy.Sarah Buss - 2008 - Stanford Encyclopedia of Philosophy.
    To be autonomous is to be a law to oneself; autonomous agents are self-governing agents. Most of us want to be autonomous because we want to be accountable for what we do, and because it seems that if we are not the ones calling the shots, then we cannot be accountable. More importantly, perhaps, the value of autonomy is tied to the value of self-integration. We don't want to be alien to, or at war with, ourselves; and it seems that (...)
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  • Stakeholder Theory: A Libertarian Defense.R. Edward Freeman & Robert A. Phillips - 2002 - Business Ethics Quarterly 12 (3):331-349.
    Abstract:The purpose of this paper is to suggest that at least one strain of what has come to be called “stakeholder theory” has roots that are deeply libertarian. We begin by explicating both “stakeholder theory” and “libertarian arguments.” We show how there are libertarian arguments for both instrumental and normative stakeholder theory, and we construct a version of capitalism, called “stakeholder capitalism,” that builds on these libertarian ideas. We argue throughout that strong notions of “freedom” and “voluntary action” are the (...)
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  • Collective Responsibility.H. D. Lewis - 1948 - Philosophy 23 (84):3 - 18.
    If I were asked to put forward an ethical principle which I considered to be especially certain, it would be that no one can be responsible, in the properly ethical sense, for the conduct of another. Responsibility belongs essentially to the individual. The implications of this principle are much more far-reaching than is evident at first, and reflection upon them may lead many to withdraw the assent which they might otherwise be very ready to accord to this view of responsibility. (...)
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  • Moral responsibility.Andrew Eshleman - 2008 - Stanford Encyclopedia of Philosophy.
    When a person performs or fails to perform a morally significant action, we sometimes think that a particular kind of response is warranted. Praise and blame are perhaps the most obvious forms this reaction might take. For example, one who encounters a car accident may be regarded as worthy of praise for having saved a child from inside the burning car, or alternatively, one may be regarded as worthy of blame for not having used one's mobile phone to call for (...)
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  • Fiduciary Duties and the Shareholder-Management Relation.John R. Boatright - 1994 - Business Ethics Quarterly 4 (4):393-407.
    The claim that managers have a fiduciary duty to shareholders to run the corporation in their interests is generally supported by two arguments: that shareholders are owners of a corporation and that they have a contract or agency relation with management. The latter argument is used by Kenneth E. Goodpaster, who rejects a multi-fiduciary, stakeholder approach on the grounds that the shareholder-management relation is “ethically different” because of its fiduciary character. Both of these arguments provide an inadequate basis for the (...)
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  • Debunking Corporate Moral Responsibility.Manuel Velasquez - 2003 - Business Ethics Quarterly 13 (4):531-562.
    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 (...)
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  • Morality and the Ideal of Rationality in Formal Organizations.John Ladd - 1970 - The Monist 54 (4):488-516.
    The purpose of this paper is to explore some of the moral problems that arise out of the interrelationships between individuals and formal organizations in our society. In particular, I shall be concerned with the moral implications of the so-called ideal of rationality of formal organizations with regard to, on the one hand, the obligations of individuals both inside and outside an organization to that organization and, on the other hand, the moral responsibilities of organizations to individuals and to the (...)
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  • Ending the so-called 'Friedman-Freeman'debate.R. Edward Freeman - 2008 - Business Ethics Quarterly 18 (2):153-190.
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  • Fast thinking.Daniel C. Dennett - 1981 - In Daniel Clement Dennett (ed.), The Intentional Stance. MIT Press.
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  • “If You Tickle Us….”: How Corporations Can Be Moral Agents Without Being Persons.Kendy M. Hess - 2013 - Journal of Value Inquiry 47 (3):319-335.
    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 (...)
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  • The concept of corporate responsibility.Kenneth E. Goodpaster - 1983 - Journal of Business Ethics 2 (1):1 - 22.
    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 (...)
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  • Practical reasoning and weakness of the will.Michael Bratman - 1979 - Noûs 13 (2):153-171.
    In a case of weak-willed action the agent acts-freely, deliberately, and for a reason-in a way contrary to his best judgment, even though he thinks he could act in accordance with his best judgment. The possibility of such actions has posed one problem in moral philosophy, the exact nature of the problem it poses another. In this essay I offer an answer to the latter problem: an explanation of why a plausible account of free, deliberate and purposive action seems to (...)
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  • Beyond Homo Economicus: New Developments in Theories of Social Norms.Elizabeth Anderson - 2000 - Philosophy and Public Affairs 29 (2):170-200.
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  • Kantian Personal Autonomy.Robert S. Taylor - 2005 - Political Theory 33 (5):602-628.
    Jeremy Waldron has recently raised the question of whether there is anything approximating the creative self-authorship of personal autonomy in the writings of Immanuel Kant. After considering the possibility that Kantian prudential reasoning might serve as a conception of personal autonomy, I argue that the elements of a more suitable conception can be found in Kant’s Tugendlehre, or “Doctrine of Virtue”—specifically, in the imperfect duties of self-perfection and the practical love of others. This discovery is important for at least three (...)
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  • Theorising the Ethical Organization.Jane Collier - 1998 - Business Ethics Quarterly 8 (4):621-654.
    Abstract:The aim of this paper is to create a framework which can serve as a guide to the understanding of organizational ethicality. This is done by linking ethical and organizational theory. Organizational ethicality is about “being” as well as “doing”: relevant ethical theory is therefore both substantive (agent-centred, concerned with the “good”) as well as procedural (act-centred, concerned with the “right” in the sense of the moral or just thing to do). The ethical theories of Alasdair MacIntyre and Jurgen Habermas, (...)
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  • Morality and the Market: Consumer Pressure for Corporate Accountability.N. Craig Smith - 1991 - Journal of Business Ethics 10 (11):881-882.
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  • Sharing Responsibility.Michael J. Zimmerman - 1985 - American Philosophical Quarterly 22 (2):115 - 122.
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  • Corporate moral agency.Denis Arnold - 2006 - Midwest Studies in Philosophy 30 (1):279–291.
    "The main conclusion of this essay is that it is plausible to conclude that corporations are capable of exhibiting intentionality, and as a result that they may be properly understood as moral agents" (p. 281).
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