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)

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)

It is always great good fortune for an author to have his writings meet with a receptive circle of readers who take them up in their own work and clarify them further. Indeed, it may even be the secret of all theoretical productivity that one reaches an opportune point in one's own creative process when others' queries, suggestions, and criticisms give one no peace, until one has been forced to come up with new answers and solutions. The four essays collected (...) here, in any event, jointly represent an ideal form of such a challenge: I am now compelled to make further theoretical developments and clarifications that lead me to a whole new stage of my own endeavours, well beyond what I initially had in mind in The Struggle for Recognition . For this reason, I will not concentrate here on interpretative issues regarding my earlier work but will instead take up the problems and challenges that have occasioned several revisions on my part. For this reason, it makes sense to begin (in section I) with the points that Carl-Göran Heidegren makes, in terms of a history of social theory, regarding my proposed theory of recognition. The issues that still motivate me today can best be expressed via an engagement with the conscientious interpretations he offers. The core of this rejoinder is based on Heikki Ikäheimo's and Arto Laitinen's suggestions and corrections, which they have used to develop my initial approach further, to the point where the theoretical outlines of a precise and general concept of recognition come into view. It is primarily these two contributions that helped me develop a productive elaboration of my originally vague intuitions (section II). By way of conclusion (in section III), I take up the penetrating questions raised by Antti Kauppinen regarding the use of the concept of recognition in the broader context of social criticism; he has compelled me to take on several extremely helpful clarifications, and they give me the opportunity, in conclusion, to summarize my overarching intentions. (shrink)

Since the advent of democracy in South Africa, there has been a concerted effort at reviving the notion of ubuntu. Variously conceived, it is seen as the authentic African ethical concept, a way of life, an authentic mode of being African, an individual ideal, the appropriate public spirit, a definition of life itself and the preferred manner of conducting public and private business. Thus, among other public displays of the spirit of ubuntu, the government of the day has deliberately chosen (...) its service delivery mantra and its public slogan as Batho Pele to animate, or perhaps pay obeisance to, ubuntu. In this paper we seek to advance arguments that question such a public, widespread, and concerted ‘ubuntu-isation’ of the intellectual, business, public and private lives. Our project follows two main lines of reasoning. We seek to show that the aggressive promotion of ubuntu in post-apartheid South Africa is an elitist project so conceived by the new black elite. It is conceived both as a restorative move that is aimed at securing the dignity of the black masses as well as an attempt at forging a so-called black identity. This line of reasoning will rely on similar historical cases on the continent that sought to aggressively promote an African mode of being, which coincided with both the end of colonialism and the rise of black elitism. We note that such attempts always ended in very public social and political failure. We seek to question the desirability of ubuntu as a mark/guide of the spirit of the nation. Here our critique shall be concentrated on the disjunct that exists between the metaphysical conditions necessary for the attainment of ubuntu and the stark ontological and ethical crisis facing the new elite and ‘our people’. (shrink)

In the absence of effective judicial remediation mechanisms after business-related human rights violations, companies themselves are expected to establish remediation procedures for affected victims and communities. This is a challenge for both companies and victims since comprehensive company-based grievance mechanisms are currently missing. In this paper, we explore how companies can provide effective remediation after human rights violations. Accordingly, we critically assess two different approaches to conflict resolution, alternative dispute resolution and restorative justice, for their potential to provide dialogue-based, non-judicial (...) remediation. We argue that remedy through agreement-driven ADR mechanisms risks marginalizing the interests and concerns of victims and affected community members, particularly in weak institutional contexts. Hence, we develop a dialogue-driven framework for corporate remediation of human rights violations grounded on RJ principles. This restorative framework provides a comprehensive CGM that focuses on the harms and needs of victims and aims at restoring justice through restorative dialogue. Based on a prompt discovery and a thorough investigation of the grievance, companies should design and prepare the remediation process together with victims, offenders and affected community members. Through restorative dialogue with the affected parties about the circumstances and impacts of the wrongdoing, companies can repair the harm, regain legitimacy amongst stakeholders as well as transform their business practices to avoid future human rights violations. (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)

ABSTRACT:We call for business ethics scholars to focus more attention on how individuals and organizations respond in the aftermath of unethical behavior. Insight into this issue is drawn from restorative justice, which moves beyond traditional approaches that emphasize retribution or rehabilitation to include restoring victims and other affected parties, reintegrating offenders, and facilitating moral repair in the workplace. We review relevant theoretical and empirical work in restorative justice and develop a conceptual model that highlights how this perspective can enhance theory (...) and empirical research in business ethics. We specifically identify topic areas that we believe have particular promise for business ethics scholars to pursue. We close our paper by discussing implications of the restorative justice approach for practicing managers. (shrink)

This paper presents a holistic, contextualised case study of reintegration and trust repair at a UK utilities firm in the wake of its fraud and data manipulation scandal. Drawing upon conceptual frameworks of reintegration and organizational trust repair, we analyze the decisions and actions taken by the company in its efforts to restore trust with its stakeholders. The analysis reveals seven themes on the merits of proposed approaches for reintegration after an integrity violation , and novel insights on the role (...) of organizational identity, “changing of the guard” and cultural reforms alongside procedural modifications. The case further supports the dynamic nature of stakeholder salience across the reintegration process. The study both supports propositions from existing frameworks and suggests novel theoretical extensions for future research. (shrink)

Although stakeholder theory is concerned with stakeholder engagement, substantive operational barometers of engagement are lacking in the literature. This theoretical paper attempts to strengthen the accountability aspect of normative stakeholder theory with a more robust notion of stakeholder engagement derived from the concept of good faith. Specifically, it draws from the labor relations field to argue that altered power dynamics are essential underpinnings of a viable stakeholder engagement mechanism. After describing the tenets of substantive engagement, the paper draws from the (...) labor relations and commercial law literatures to describe the characteristics of good faith as dialogue, negotiation, transparency, and totality of conduct; explains how they can be adapted and applied to the stakeholder context; and suggests the use of mediation and non-binding arbitration. The paper concludes by addressing anticipated objections and shortcomings and discussing implications for theory and research. (shrink)

In his 2007 Ethics article, “Responsibility Incorporated,” Philip Pettit argued that corporations qualify as morally responsible agents because they possess autonomy, normative judgment, and the capacity for self-control. Although there is ongoing debate over whether corporations have these capacities, both proponents and opponents of corporate moral agency appear to agree that Pettit correctly identified the requirements for moral agency. In this article, I do not take issue with either the claim that autonomy, normative judgment, and self-control are the requirements for (...) moral agency or the claim that corporations possess them. I claim that if both of these claims are correct, then corporate moral agency entails that, in a liberal democracy, corporations should have the right to vote. I show that under the conception of democracy supported by most liberal political theorists, all parties subject to the law are entitled to the right to vote, and all parties that possess autonomy, normative judgment, and self-control are subject to the law. Therefore, if the proponents of corporate moral agency are correct, then corporations satisfy the requirements for the right to vote. I then consider potential objections to this argument. I show that the strongest objection to the corporate right to vote is undermined by Pettit’s own argument for corporate autonomy. I then show that objections derived from other arguments for limiting the rights of corporations are equally unavailing. I conclude with some observations about the implications of my argument for the question of corporate speech rights. (shrink)

The topic of moral repair in the aftermath of breaches of trust and harmdoing has grown in importance within the past few years. In this paper, we present the results of a qualitative study that offers insight into a series of key issues related to offender efforts to repair interpersonal harm in the workplace: What factors motivate offenders to make amends with those they have harmed? In what ways do offenders attempt to make amends? What outcomes emerge from attempts to (...) make amends? Drawing from the findings, we build an inductive model intended to guide future business ethics and management inquiry and research in this area. (shrink)

In this article, we examine how regulators, prosecutors, and courts might support and encourage the efforts of organizations to not only reintegrate after misconduct but also to improve their conduct in a way that reduces their likelihood of re-offense. We explore a novel experiment in creative sentencing in Alberta Canada that aimed to try to change the behaviour of an industry by publicly airing the root causes of a failure of one the industry’s leaders. Drawing on this case and prior (...) work, we articulate a model for a responsive and restorative approach to organizational misconduct that balances the punitive role of regulators and courts with new roles in supporting and overseeing rehabilitation. (shrink)

In this article we set the context for this special issue focusing on individual and organizational reintegration in the aftermath of transgressions that violate ethical and legal boundaries. Following a brief introduction to the topic we provide an overview of each of the four articles selected for this special issue. We then present a number of potentially fruitful empirical, theoretical, and normative directions management and ethics scholars might pursue in order to further advance this evolving literature.

ABSTRACT:In this article we set the context for this special issue focusing on individual and organizational reintegration in the aftermath of transgressions that violate ethical and legal boundaries. Following a brief introduction to the topic we provide an overview of each of the four articles selected for this special issue. We then present a number of potentially fruitful empirical, theoretical, and normative directions management and ethics scholars might pursue in order to further advance this evolving literature.

ABSTRACT:In this article, we examine how regulators, prosecutors, and courts might support and encourage the efforts of organizations to not only reintegrate after misconduct but also to improve their conduct in a way that reduces their likelihood of re-offense (rehabilitation). We explore a novel experiment in creative sentencing in Alberta Canada that aimed to try to change the behaviour of an industry by publicly airing the root causes of a failure of one the industry’s leaders. Drawing on this case and (...) prior work, we articulate a model for a responsive and restorative approach to organizational misconduct that balances the punitive role of regulators and courts with new roles in supporting and overseeing rehabilitation. (shrink)

The literature in ethics is filled with theories of what makes an action wrong, what makes an actor responsible and blamable for his wrongful actions and what we are justified in doing to wrongdoers (e.g., may we punish them? must we forgive them?). However, there is relatively little discussion of what wrongdoers themselves must do in the aftermath of their wrongful acts. This essay attempts to remedy that problem by critically evaluating some competing accounts of the moral obligations of wrongdoers. (...) It argues for a conception of atonement that highlights the value of reconciliation, as opposed to repentance or self-punishment. (shrink)

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)

ABSTRACT:After a transgression has occurred within an organization, a primary concern is the reintegration of the affected parties back into the organizational community. However, beyond offenders and victims, reintegration depends on the views of organizational peers and their desire to interact with these parties. In two studies, we demonstrated that offender amends and victim forgiveness interact to predict peer reintegrative outcomes. We found evidence of backlash against unforgiving victims: Peers wanted to work the least with victims who rejected appropriate amends, (...) thus penalizing them for their failure to contribute to the restoration process. This backlash effect was due to decreased liking of the victim and the perceived failure to repair the offender-victim relationship. These findings demonstrate that peers expect both offenders and victims to do their part to achieve reconciliation following transgression, and both may suffer the consequences of failing to meet peer expectations. Implications for reintegration within organizations are discussed. (shrink)

After a transgression has occurred within an organization, a primary concern is the reintegration of the affected parties back into the organizational community. However, beyond offenders and victims, reintegration depends on the views of organizational peers and their desire to interact with these parties. In two studies, we demonstrated that offender amends and victim forgiveness interact to predict peer reintegrative outcomes. We found evidence of backlash against unforgiving victims: Peers wanted to work the least with victims who rejected appropriate amends, (...) thus penalizing them for their failure to contribute to the restoration process. This backlash effect was due to decreased liking of the victim and the perceived failure to repair the offender-victim relationship. These findings demonstrate that peers expect both offenders and victims to do their part to achieve reconciliation following transgression, and both may suffer the consequences of failing to meet peer expectations. Implications for reintegration within organizations are discussed. (shrink)

Regular reference is made, within the discourse around the South African Truth and Reconciliation Commission, to the fact that ubuntu, an indigenous world view, played a role in the process. This paper tries to show that despite these references, important analysts of the TRC had insufficiently accounted for this worldview in their critical readings of the Commission's work and therefore found aspects of the process incoherent and/or morally and legally confused. I am not arguing that the TRC was not a (...) deeply flawed process, but want to establish how powerfully this indigenous world view brought a coherency that not only enabled the TRC to do its work without incidences of revenge, but imbued politically and legally trapped concepts with new possibilities. The pervasiveness of this world view within eg. the second round of TRC testimonies is noticeable and show how often the critique on the TRC fails to take this dominant role into account and how many, seemingly contradictory or confusing, positions become coherent when regarded within this worldview. This view of interconnectedness, consistently expressed throughout the life of the commission, has wide implications for the interpretation of healing, the asking of amnesty, the rehabilitation of perpetrators, the interdependence of forgiveness and reconciliation in the process of achieving full personhood within a healed society. In the footsteps of Richard Bell, this paper locates this world view within a particular framework formulated as ubuntu by Desmond Tutu, as communitarianism by Kwame Gyekye, as ethnophilosophy by Paulin Hountondji etc. The paper also tries to understand how this interconnected moral self is formed and who the community could or should be that influences this moral self. South African Journal of Philosophy Vol. 27 2008: pp. 353-366. (shrink)

With the last Holocaust survivors quietly passing away, one might also expect to see accountability debates slowing to a trickle. Surprisingly, however, recent years show an upswing in corporate World War II-related atonement debates. Interest in corporate participation in mass atrocity has expanded worldwide; yet what constitutes ethical corporate behavior during and after war remains understudied. This article considers these questions through a study of the French National Railways’ roles during the German occupation and its more recent struggle to make (...) amends. This study demonstrates that ethical business leadership requires taking responsibility for past as well as current decisions. Most executives grappling with complex corporate histories work in isolation, in part because the scholarship on business ethics fails to provide guidance. Without such guidance, corporations often respond to accusations about their pasts with carefully crafted statements and legal strategies rather than deep expressions of moral leadership. To assist in remedying this tendency, this paper simultaneously encourages companies to engage in deeper reflection on corporate history, while urging scholars to help guide corporations through critical ethical conversations. (shrink)

An emerging body of research recognizes the importance of the past and history for corporate social responsibility scholarship and practice. However, the meanings that scholars and practitioners can ascribe to the past and history differ fundamentally, posing challenges to the integration of history and CSR thinking. This essay reviews diverse approaches and proposes a broad conceptualization of the relationship between the past, history, and CSR. We suggest historical CSR as an umbrella term that comprises three distinct theoretical perspectives. The “past-of-CSR” (...) perspective is concerned with the history of CSR and business ethics as a set of concepts and practices. The “past-in-CSR” perspective involves employing empirical historical research to substantiate and elaborate CSR concepts and theories. Finally, the “past-as-CSR” perspective seeks to understand the past as a living, yet contested, facet of current organizations, influencing contemporary perceptions of corporate and managerial responsibility. We then elaborate on conceptual issues and paths that may prove useful for future research. In all, this essay and the thematic symposium it precedes strive to deepen and broaden the salience of the past and history for thinking about business ethics and business responsibilities. (shrink)

Increased scrutiny of corporate legitimacy has sparked an interest in “historic corporate social responsibility”, or the mechanism through which firms take responsibility for past misdeeds. Extant theory on historic CSR implicitly treats corporate engagement with historical criticism as intentional and dichotomous, with firms choosing either a limited or a high engagement strategy. However, this conceptualization is puzzling because a firm’s engagement with historic claims involves organizational practices that managers don’t necessarily control; hence, it might materialize differently than anticipated. Furthermore, multiple (...) motivations could jointly affect managers’ approach to organizational history, especially when dealing with conflicting stakeholder demands, rendering it difficult to historicize consistently. Examining the relationship between the legitimacy of critical historic claims, corporate engagement with these claims and corporate legitimacy, the present paper performs a historical case study of the Hudson’s Bay Company’s (HBC) long term use of history in stakeholder relations. The data suggest that under conflicting internal and external pressures, the HBC’s engagement with historical criticism became “sedimented” over time, involving both open and stakeholder-inclusive practices of “history-as-sensemaking” and instrumental “history-as-rhetoric”. Enriching understanding of corporate-stakeholder interaction about the past, this finding may stimulate its generation of social value and corporate legitimacy. (shrink)

This essay asks whether restorative justice practices in criminal legal systems are consistent with the aims of a liberal state.

This book focuses on the degree to which certain moral and legal doctrines are rooted in specific passions that are then institutionalised in the form of criminal law. A philosophical analysis is developed of the following questions: when, if ever, should hatred be overcome by sympathy or compassion? What are forgiveness and mercy and to what degree do they require - both conceptually and morally - the overcoming of certain passions and the motivation by other passions? If forgiveness and mercy (...) indeed are moral virtues, what role, if any, should they play in the law? (shrink)

This essay outlines a normative theory of reparations for transitional democracies. The article situates the theory within current critical‐theory debates on recognition and redistribution, and it argues that any model of reparations should aim to achieve what Nancy Fraser calls “status parity.” Such a model should be conceptualized according to a typology of acknowledgment along one axis (symbolic and material) and a typology of recipients (individual and collective) along the other. I conclude by identifying several key contributions that reparations can (...) make to transitional societies. (shrink)

Our topic is the moral task of righting one’s wrongful actions and the extent to which this should be considered primarily as a task for the wrongdoer alone, an interaction between the wrongdoer and victim, or a more broadly communal act. In considering this question, we are asked to consider what it means for justice to be served with regard to both victim and wrongdoer.

This article examines the ethical framing of employment in contemporary human resource management (HRM). Using Axel Honneth's theory of recognition and classical critical notions of reification, I contrast recognition and reifying stances on labor. The recognition approach embeds work in its emotive and social particularity, positively affirming the basic dignity of social actors. Reifying views, by contrast, exhibit a forgetfulness of recognition, removing action from its existential and social moorings, and imagining workers as bundles of discrete resources or capacities. After (...) discussing why reification is a problem, I stress that recognition and reification embody different ethical standpoints with regards to organizational practices. Thus, I argue paradoxically that many current HRM best practices can be maintained while cultivating an attitude of recognition. If reification is a type of forgetting, cultivating a recognition attitude involves processes of "remembering" to foster work relations that reinforce employee dignity. (shrink)