While researchers in business ethics, moral philosophy, and jurisprudence have advanced the study of corporate agency, there have been very few attempts to bring together insights from these and other disciplines in the pages of the Journal of Business Ethics. By introducing to an audience of business ethics scholars the work of outstanding authors working outside the field, this interdisciplinary special issue addresses this lacuna. Its aim is to encourage the formulation of innovative arguments that reinvigorate the study (...) of corporate agency and stimulate further cross-fertilization of ideas between business ethics, law, philosophy, and other disciplines. (shrink)

Realists about corporate agency, according to whom corporate agents may have aims above and beyond those of the individuals who make them up, think that individual agents may switch between participating in individual and corporate agency. My aim is, however, to argue that the inescapability of individual agency spells out a difficulty for this kind of switching – and, therefore, for realism about corporate agency. To do so, I develop Korsgaard’s notion of (...) plight inescapability, which on my take suggests that individual agents are continuously faced with fully exercising their individual agency (absent external limits at the time of its exercise). But then individual agents may not switch to acting as members of corporate agents if the aims of the corporation differ from their own, in the sense that they have different mental state tokens. But as it is possible to participate fully in the action of a corporate entity, this incompatibility between individual and corporate aims suggests that we ought to think of corporate agents as in some sense reducible to individual aims. (shrink)

In our book The Inessential Indexical we argue that the various theses of essential indexicality all fail. Indexicals are not essential, we conclude. One essentiality thesis we target in the third chapter is the claim that indexical attitudes are essential for action. Our strategy is to give examples of what we call impersonal action rationalizations , which explain actions without citing indexical attitudes. To defeat the claim that indexical attitudes are essential for action, it suffices that there could be even (...) one successful impersonal action rationalization. In what follows we bolster our case against an essential connection between action and the de se (or indexicality), first by developing a range of new action models and secondly by responding to challenges from Dilip Ninan, Stephan Torre, and José Luis Bermúdez . (shrink)

Corporations have often been taken to be the paradigm of an organization whose agency is autonomous from that of the successive waves of people who occupy the pattern of roles that define its structure, which licenses saying that the corporation has attitudes, interests, goals, and beliefs which are not those of the role occupants. In this essay, I sketch a deflationary account of agency-discourse about corporations. I identify institutional roles with a special type of status function, a status (...) role, in which the collectively accepted function is expressed in part through its occupier’s intentional expression of her agency in that role. I identify institutions as systems of status roles and show how this is compatible with seeing the agency of institutions generally, even over time periods in which there is complete change in role occupiers, as a matter of the contributions only of individual agents. I explain how the reduction of the institution to its members is compatible with its potentially having had a completely different membership. I show in the case of the corporation in particular that, once we see its origins and function, the surface features of legal discourse about corporate agency are misleading and are compatible with a deflationary account of corporate agency. I show in connection with this that the corporation is to be identified with its shareholders, and that where a corporation separates ownership and control, its managers and employees are proxy agents of the shareholders doing business under the corporate form. Finally, I canvass the legitimate ways of construing ordinary talk about corporate intention, belief, and so on, in light of this, none of which support the attribution of genuine agency or intentionality to any group per se associated with the corporation. (shrink)

Recently, a number of people have argued that certain entities embodied by groups of agents themselves qualify as agents, with their own beliefs, desires, and intentions; even, some claim, as moral agents. However, others have independently argued that fully-fledged moral agency involves a capacity for reactive attitudes such as guilt and indignation, and these capacities might seem beyond the ken of “collective” or “ corporate ” agents. Individuals embodying such agents can of course be ashamed, proud, or indignant (...) about what the agent has done. But just as an entity needs to have its own beliefs, desires, and intentions to qualify as a bona fide agent, the required capacity for reactive attitudes is a capacity to have one’s own reactive attitudes. If fully-fledged moral agency requires reactive attitudes, the corporate agent must itself be capable of guilt and indignation. In this paper, we argue that at least certain corporate agents are. Or, more precisely, we argue that if there are bona fide corporate agents, these agents can have the capacities that are both associated with guilt and indignation and plausibly required for moral agency; in particular certain epistemic and motivational capacities. (shrink)

In its January 20th, 2010 decision in Citizens United vs. Federal Election Commission, the United States Supreme Court ruled that certain restrictions on independent expenditures by corporations for political advocacy violate the First Amendment of the Constitution, which provides that “Congress shall make no law […] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Justice Kennedy, writing for the 5-4 majority, (...) held that “[b]y suppressing the speech of manifold corporations, both for-profit and non-profit, the Government prevents their voices and view-points from reaching the public and advising voters on which person or entities are hostile to their interests” (Citizens United vs. Federal Election Commission 558 U.S. 38-9 (2010); emphasis added). Much of the language of the opinion, and some of its reasoning, as this passage illustrates, presupposes that corporations are agents capable of speech, and that it is (at least in part) in the light of this that limitations on political advocacy by corporations are prohibited by the Constitution. -/- While there are other strands in the argument, they are interwoven with the conception of the corporation as agent and speaker, with its voice and its viewpoints. The dissenters on the court objected on precisely this point (among others). Justice Stevens wrote sarcastically in his dissent, joined by Justices Ginsburg, Breyer, and Sotomayor, that “[u]nder the majority’s view, I suppose it may be a First Amendment problem that corporations are not permitted to vote, given that voting is, among other things, a form of speech” (558 U.S. 33 (2010)). Justice Sotomayor suggested in oral argument that the Court’s century-old practice of treating corporations as persons rests on a conceptual mistake. -/- My concern in this essay is not with the question whether the restrictions violate the Constitution. There are many issues that bear on this which will be outside the scope of my discussion. My concern is with the proper conceptual framework for understanding the agency of corporations and corporate speech, and the role that conceptions of these play in the background of the majority’s reasoning. The issue is legal, but it also has philosophical, conceptual and semantic aspects. It will be the latter aspects, and their potential to shed light on legal reasoning, that are my main focus. An adequate framework requires saying what properly speaking the corporation is, how agency is expressed through the corporation, whose agency it is, centrally whether the corporation is an agent or person in its own right, and in what sense it can be said to be capable of speech. I draw on recent work in collective action theory, particularly with respect to the semantics of collective action sentences (Ludwig 2007) and the analysis of the proxy agency in collective action (Ludwig 2014), to show (i) that corporations are neither genuine agents nor (therefore) capable of engaging in genuine speech, (ii) that consequently the First Amendment does not apply to corporations per se, and (iii) that a better understanding of the mechanisms of corporate agency casts doubt on more indirect arguments for extending the First Amendment to “corporate speech” as well. (shrink)

The aim of this exploratory paper is to review an under-appreciated parallel between group agency and artificial intelligence. As both phenomena involve non-human goal-directed agents that can make a difference to the social world, they raise some similar moral and regulatory challenges, which require us to rethink some of our anthropocentric moral assumptions. Are humans always responsible for those entities’ actions, or could the entities bear responsibility themselves? Could the entities engage in normative reasoning? Could they even have rights (...) and a moral status? I will tentatively defend the (increasingly widely held) view that, under certain conditions, artificial intelligent systems, like corporate entities, might qualify as responsible moral agents and as holders of limited rights and legal personhood. I will further suggest that regulators should permit the use of autonomous artificial systems in high-stakes settings only if they are engineered to function as moral (not just intentional) agents and/or there is some liability-transfer arrangement in place. I will finally raise the possibility that if artificial systems ever became phenomenally conscious, there might be a case for extending a stronger moral status to them, but argue that, as of now, this remains very hypothetical. (shrink)

Can a group be morally responsible instead of, or in addition to, its members? An influential defense of corporate responsibility is based on results in social choice theory suggesting that a group can form and act on attitudes held by few, or even none, of its members. The members therefore cannot be (fully) responsible for the group’s behavior; the group itself, as a corporate agent, must be responsible. In this paper, I reject this view of corporate responsibility (...) by showing how it pays insufficient attention to individual agency. By accounting for group members’ strategic behavior, we shall see how they control collective attitude formation and are therefore responsible for their group’s behavior. (shrink)

There seems to be a striking parallel between the features of psychopaths and those of agential groups, including states and corporations. Psychopaths are often thought to lack some of the capacities that are constitutive of moral agency. Two features of psychopaths are commonly identified as grounds for limiting their moral responsibility: (i) their lack of relevant emotional capacities and (ii) their flawed rational capacities. Roughly, the first argument is that the lack of moral emotions such as sympathy, guilt, or (...) shame negatively impacts moral perception and therewith an agent's capacity for moral reasoning. The second argument is that psychopaths are diminished in their agency as such, not just in their moral agency; they are erratic and impulsive and show other significant failures of rationality. Using the 2020 Juukan Gorge disaster in Western Australia as a case study, I conclude that deliberate or reckless corporate irrationality cannot be grounds for diminished corporate moral responsibility. Corporate agents are chiefly responsible for core aspects of their moral agency, including their internal epistemic structures and decision-making processes. They have obligations to establish or maintain internal epistemic integrity and consistency. (shrink)

Authors critical of corporate power focus almost exclusively on one solution: bringing it under democratic control. However important this is, there are at least two other options, which are rarely discussed: reducing powerful firms’ size and influence, or accepting corporate power as a necessary evil. This article provides a comparative perspective for evaluating all three options. It argues that the trade-offs we face in responding to corporate power have a trilemmatic structure. The pure strategies of accepting powerful (...) firms, breaking them up, or rendering them more accountable are each incompatible with one of three important values: power balance, economies of scale, and minimizing agency costs, respectively. While the latter two concepts are purely economic and efficiency-based, the value of power balance can be grounded in a variety of reasons. Different normative interpretations of power balance are discussed, along with their implications for policy choices within the trilemma. (shrink)

This paper provides an overview of the contemporary debate on the concepts and definitions of Corporate Social Responsibility (CSR) and Corporate Sustainability (CS). The conclusions, based on historical perspectives, philosophical analyses, impact of changing contexts and situations and practical considerations, show that "one solution fits all"-definition for CS(R) should be abandoned, accepting various and more specific definitions matching the development, awareness and ambition levels of organizations.

Agency is a power, but what is it a power to do? The tradition presents us with three main answers: (1) that agency is a power to affect one’s own will, consequent upon which act further events ensue, beginning with the movement of a part of one's body; (2) that agency is a power to affect one’s own body, consequent upon which act further events ensue, beginning with the movement of an object that one touches; and (3) (...) that agency is a power to affect that material upon which one brings one's action to bear---e.g. the apple one is peeling (with a knife in one's hand). These three answers correspond to three increasingly expansive conceptions of the province of human agency. I refer to them, respectively, as volitionalism, corporealism and materialism. Only the first two are seriously considered in contemporary action theory. Favoring the third, and hoping to sharpen the conflict between the third and the first, I criticize the second. Corporealism has been a popular position—arguably, the default position in the philosophy of action—since Donald Davidson’s classic paper “Agency” (1971). Although it seems to occupy a sensible middle ground between volitionalism and materialism, corporealism is, I argue, indefensible: it shares the vulnerabilities of both its two rivals, without possessing the strengths of either. Nevertheless, reflection on corporealism lights the road to materialism, which, in the end, is the only possible alternative to volitionalism. (shrink)

Proponents of corporate moral responsibility take certain corporations to be capable of being responsible in ways that do not reduce to the responsibility of their members. If correct, one follow-up question concerns what leads corporations to fail to meet their obligations. We often fail morally when we know what we should do and yet fail to do it, perhaps out of incontinence, akrasia, or weakness of will. However, this kind of failure is much less discussed in the corporate (...) case. And, where it is discussed, the view is that corporations are less prone to weakness. Here, I argue that proponents of corporate responsibility should say that corporations can and often do instantiate weakness of the will, and that this is important to recognize. Weakness of the will requires certain capacities that these proponents typically take corporations to have. And once this is appreciated, we can assess how corporate weakness might proceed differently than how it does for individuals. We can also begin a conversation about how best to meet the distinctive challenges for recognizing and correcting corporate weakness, using a number of resources from management scholarship. (shrink)

Group agency requires a number of people to combine in pursuit of shared goals across varied scenarios. Thus, a group or corporate agent must be organized (1) to act flexibly as its goals require, (2) with the intentional, if not always voluntary, acquiescence of members in the guidance of (3) an authorized spokesperson or (4) a constructed voice, thereby (5) becoming capable of making and honoring commitments.

I argue against group agent realism, or the view that groups have irreducible mental states. If group agents have irreducible mental states, as realists assume, then the best group agent realist explanation of corporate agents features only basic mental states with at most one motivational function each. But the best group agent realist explanation of corporate agents does not feature only basic mental states with at most one motivational function each. So corporate agents lack irreducible mental states. (...) How so? I defend the conditional with an argument from disagreement. On cognitivist approaches to desire, desires function to both motivate and represent the world. Yet such desires are subject to a significant amount of disagreement. Reflection on the folk-psychological properties of desire and belief suggest that this disagreement is better explained by a non-cognitivist approach to desire where they do not have both functions. I then defend the claim that realists are committed to at least some cognitivist motivational states. Using the example of fire brigades, I argue that the best realist explanation of group agents involves mental states with both representational and motivational functions. By modus tollens, corporations then lack irreducible mental states, period. (shrink)

In this paper, I develop two philosophically suggestive arguments that the late Justice Stevens made in Citizens United against the idea that business corporations have free speech rights. First, (1) while business corporations conceived as real entities are capable of a thin agency conceptually sufficient for moral rights, I argue that they fail to clear important justificatory hurdles imposed by interest or choice theories of rights. Business corporations conceived as real entities lack an interest in their personal security; moreover, (...) they are incapable of exercising innate powers of choice. Second, (2) I argue that the structure and functionally individualized purpose of a business corporation—to increase value for its shareholders—undermines the implicit joint commitment necessary to derive corporate rights of free speech from non-operative shareholder-member rights. Since one cannot transfer innate moral rights such as free speech, any exercise of this right on behalf of another must be limited in scope. (shrink)

Ever since Freud pioneered the “talking cure,” psychologists of various stripes have explored how autobiographical narrative bears on self-understanding and psychic wellbeing. Recently, there has been a wave of philosophical speculation as to whether autobiographical narrative plays an essential or important role in the constitution of agentic selves. However, embodiment has received little attention from philosophers who defend some version of the narrative self. Catriona Mackenzie is an important exception to this pattern of neglect, and this paper explores Mackenzie’s work (...) on embodiment and self-narrative with the aim of better understanding the adequacy of autobiographical narrative as an account of the agentic self. I argue that Mackenzie’s narrative account of embodied subjectivity and agency is incomplete, for it over-estimates the reach of narrative and underestimates the cognitive and agentic powers of the lived body. (shrink)

According to the Market Failures Approach to business ethics, beyond-compliance duties can be derived by employing the same rationale and arguments that justify state regulation of economic conduct. Very roughly the idea is that managers have a duty to behave as if they were complying with an ideal regulatory regime ensuring Pareto-optimal market outcomes. Proponents of the approach argue that managers have a professional duty not to undermine the institutional setting that defines their role, namely the competitive market. This answer (...) is inadequate, however, for it is the hierarchical firm, rather than the competitive market, that defines the role of corporate managers and shapes their professional obligations. Thus, if the obligations that the market failures approach generates are to apply to managers, they must do so in an indirect way. I suggest that the obligations the market failures approach generates directly apply to shareholders. Managers, in turn, inherit these obligations as part of their duties as loyal agents. (shrink)

According to Streeck and Vogl, the neoliberalization of the state has been the result of political-economic developments that render the state dependent on financial markets. However, they do not explain the discursive shifts that would have been required for demoting the state to the role of an agent to bondholders. I propose to explain this shift via the performative effect of neoliberal agency theory. In 1976, Michael Jensen and William Meckling claimed that corporate managers are agents to shareholding (...) principals, which implied that their main task was the procurement of shareholder value. Agency theory subsequently prescribes a series of measures to ensure the alignment of principal and agent interests in corporations. The diffusion of agency theory, however, moved beyond corporate governance to reconfigure the state. Due to its reliance on capital markets, the state supposedly likewise becomes an agent of the investment public and should procure bondholder value. (shrink)

Cyber attackers targeting large corporations achieved a high perimeter penetration success rate during 2013, resulting in many corporations incurring financial losses. Corporate information technology leaders have a fiduciary responsibility to implement information security domain processes that effectually address the challenges for preventing and deterring information security breaches. Grounded in corporate governance theory, the purpose of this correlational study was to examine the relationship between strategic alignment, resource management, risk management, value delivery, performance measurement implementations, and information security governance (...) (ISG) effectiveness in United States-based corporations. Surveys were used to collect data from 95 strategic and tactical leaders of the 500 largest for-profit United States headquartered corporations. The results of the multiple linear regression indicated the model was able to significantly predict ISG effectiveness, F(5, 89) = 3.08, p = 0.01, R² = 0.15. Strategic alignment was the only statistically significant (t = 2.401, p <= 0.018) predictor. The implications for positive social change include the potential to constructively understand the correlates of ISG effectiveness, thus increasing the propensity for consumer trust and reducing consumers' costs. (shrink)

How should we understand the relation between corporate agency, corporate moral agency and corporate moral patienthood? For some time, corporations have been treated as increasingly ontologically and morally sophisticated in the literature. To explore the limits of this treatment, I start off by redeveloping and defending a reductio that historically has been aimed at accounts of corporate agency which entail that corporations count as moral patients. More specifically, I argue that standard agents are (...) due a certain type of moral concern, but corporate agents are not due that type of concern, so they are not agents of, at least, the standard type. Diagnosis: because corporations plausibly lack qualia, they are ‘zombie agents’ that mimic real agents. This explains why they are neither standard agents nor standard moral patients: they are not standard agents because they lack mental states, and because they lack experiences, they are, at best, morally notable rather than morally respectable. However, I then argue that we nevertheless have instrumental reasons to include them in our moral responsibility practices, both because that is what notability involves and bluffingly, and both when it comes to treating them as moral agents and as moral patients. Hence, we may treat corporations as part of our moral responsibility practices to a limited extent anyway. (shrink)

We present an ontological analysis of the notion of group agency developed by Christian List and Philip Pettit. We focus on this notion as it allows us to neatly distinguish groups, organizations, corporations – to which we may ascribe agency – from mere aggregates of individuals. We develop a module for group agency within a foundational ontology and we apply it to organizations.

Treating groups as agents is not at all difficult; teenagers and social scientists do it all the time with great success. Reading Group Agency, though, makes it look like rocket science. According to List and Pettit, groups can be real, and such real groups can cause, as well as bear ethical responsibility for, events. Apparently, not just any collective qualifies as an agent, so a lot turns on how the attitudes and actions of individual members are aggregated. Although I (...) am unsure who will read this book, I can envisage four relatively distinct population segments: philosophers, decision theorists, activists, and social scientists. Philosophers who take questions of ontology seriously will likely find this book evasive. Decision theorists who enjoy axiomatic model building for its own sake will find much to keep them occupied. Activists who have taken it upon themselves to “raise group consciousness” (193) will probably skip ahead to the third part and feel emboldened by the thought that the model builders are busy with the first two. However, since the normative questions (about responsibility and so on) are answerable to prior metaphysical questions for which Group Agency supplies vacillating answers at best, a transition to advocacy would seem hasty. As for social scientists, either they will glance at the book’s dust jacket and (wrongly) assume that philosophers have now “proven” the existence of the groups they study, or they will engage with List and Pettit’s model only to discover that, unless they happen to specialize in commercial corporations, the model’s many stipulations impede rather than facilitate/elucidate their usual group intentional ascriptions. (shrink)

The literature acknowledges a distinction between immoral, amoral and moral management. This paper makes a case for the employee (at any level) as a moral agent, even though the paper begins by highlighting a body of evidence which suggests that individual moral agency is sacrificed at work and is compromised in deference to other pressures. This leads to a discussion about the notion of discretion and an examination of a separate, contrary body of literature which indicates that some individuals (...) in corporations may use their discretion to behave in a socially entrepreneurial manner. My underlying assumption is that CSR isn’t solely driven by economics and that it may also be championed as a result of a personal morality, inspired by employees’ own socially oriented personal values. A conceptual framework is put forward and it is suggested that individuals may be categorized as Active or Frustrated Corporate Social Entrepreneurs; Conformists or Apathetics, distinguished by their individualistic or collectivist personal values. In a discussion of the nature of values, this paper highlights how values may act as drivers of our behavior and pays particular attention to the values of the entrepreneur, thereby linking the existing debate on moral agency with the field of corporate social responsibility. (shrink)

I argue that Social Trinitarians can and should conceive of God as a group person. They can by drawing on recent theories of group agency realism that show how groups can be not just agents but persons distinct from their members – albeit, I argue, persons of a different kind. They should because the resultant novel view of the Trinity – that God is three ‘intrinsicist’ persons in one ‘functional’ person – is theologically sound, effectively counters the most trenchant (...) criticisms of Social Trinitarianism, and enjoys independent theological support from the biblical notion of ‘corporate personality’. (shrink)

This chapter argues for deregulation of the credit-rating market. Credit-rating agencies are supposed to contribute to the informational needs of investors trading bonds. They provide ratings of debt issued by corporations and governments, as well as of structured debt instruments (e.g. mortgage-backed securities). As many academics, regulators, and commentators have pointed out, the ratings of structured instruments turned out to be highly inaccurate, and, as a result, they have argued for tighter regulation of the industry. This chapter shows, however, that (...) the role of credit-rating agencies in achieving justice in finance is not as great as these commentators believe. It therefore argues instead for deregulation. Since the 1930s, lawgivers have unjustifiably elevated the rating agencies into official, legally binding sources of information concerning credit risk, thereby unjustifiably causing many institutional investors to outsource their epistemic responsibilities, that is, their responsibility to investigate credit risk themselves. (shrink)

We reflect on the nature of corporate codes of conduct is this article. Based on John Austin’s speech act theory, four characteristics of a performative concept of corporate codes will be introduced: 1) the existential self-performative of the firm identity, 2) which is demanded by and responsive to their stakeholders; 3) Because corporate codes are structurally threatened by the possibility of failure, 4) embracing the code not only consists in actual corporate responsible behaviour in light of (...) the code, but in the incessant recapturing of the code in the struggle of firms against the possible incongruence between their ethical principles and their actual responsible behaviour. A performative concept of corporate codes helps to bridge classical dichotomies like individualist versus collectivist approaches of moral agency and restrictive versus empowering ethics, and opens a new perspective on the interaction between individual ethical behaviour and the corporate institutionalisation of codes. (shrink)

This paper addresses two related topics: 1. The disanalogies between elective cosmetic practices and sex reassignment surgery. Why does it seem necessary for me – an aging professional woman – to ignore the blandishments of hairdressers wielding dyes and dermatologists wielding acids and scalpels? Why does it not seem equally necessary for a transgendered person to repudiate sex reassignment procedures? 2. The role of the body in identity and agency. How do phenomenological insights regarding the constitution of selfhood in (...) relation to the interplay between the body image and corporeal know-how contribute to an account of the agency of transgendered individuals? Studying several paintings by contemporary feminist artist Jenny Saville has advanced my thinking on these topics. Saville’s imagery is an invaluable aid to reflection on these issues because she uses her painterly technique, which critics often dub “virtuoso,” to represent lived human bodies. In her work, viewers encounter representations of subjectivized, agentic corporeity, as distinct from inert, objectified flesh. Moreover, her sympathetic engagement with nonconformist, devalued bodies helps to reconfigure the standard gestalts of the human body that viewers typically carry with them and thus to convert fear and/or disgust into appreciation and understanding. In this paper, I consider three of Saville’s paintings. Plan, Saville’s self-portrait as a nude female whose body has been prepped for liposuction, conveys the pathos of this procedure. Matrix is a nude portrait of self-described “gender variant visual artist” Del LaGrace Volcano. In the words of one critic Saville’s depiction of Volcano’s nude intersexed body “restores beauty to the primitive [female] genital organ.” Passage, another nude portrait of an intersexed individual, is an image of vibrant sexuality despite the presumptively jarring juxtaposition of breasts and a penis. I argue that conceiving the agentic subject as a rational deliberative capability that uses a conjoined body as the instrument of its will makes it impossible to theorize the agency of transgendered people. In contrast, when agentic subjects are understood as embodied subjects and embodiment is understood as a dimension of practical intelligence, the agency of transgendered individuals is intelligible. (shrink)

It is common to ascribe agency to some organized collectives, such as corporations, courts, and states, and to treat them as loci of responsibility, over and above their individual members. But since responsibility is often assumed to require free will, should we also think that group agents have free will? Surprisingly, the literature contains very few in-depth discussions of this question. The most extensive defence of corporate free will that I am aware of (Hess [2014], “The Free Will (...) of Corporations (and Other Collectives)”, Philosophical Studies 168 (1): 241–260) rests on a compatibilist understanding which takes reasons-responsiveness and acting from one’s own ‘actional springs’ as key conditions for free will but says little about a condition that free-will libertarians emphasize: the possibility of doing otherwise. In this paper, I will argue that group agents can have free will not only in a (less demanding) compatibilist sense, but also in a recognizably libertarian sense, which includes the possibility of doing otherwise. In developing this account of corporate free will, I will bring together recent work on group agency and recent work on free will. (shrink)

In analytic political philosophy, it is common to view state-sponsored injustice as the work of a corporate agent. But as I argue, structural injustice theory provides grounds for reassessing the agential approach, producing new insights into state-sponsored injustice. Using the case of eugenic sterilization in the United States, this article proposes a structurally-sensitive conception of state-sponsored injustice with six components: authorization, protection, systemization, execution, enablement, and norm- and belief-influence. Iris Marion Young’s models of responsibility for agential and structural injustice, (...) and the place of state-sponsored injustice with respect to these models, are also discussed. (shrink)

Contemporary philosophers and scientists have done much to expand our understanding of the structure and neural mechanisms of joint action. But the phenomenology of joint action has only recently become a live topic for research. One method of clarifying what is unique about the phenomenology of joint action is by considering the alternative perspective of agents subsumed in group action. By group action we mean instances of individual agents acting while embedded within a group agent, instead of with individual coordination. (...) Paradigm examples are educational bureaucracies, corporations, and nation states. There is a phenomenological difference between agents whose actions are subsumed within a group action (“the university did X”) as compared to agents who act jointly (“we did x”). Attending to this difference clarifies what is phenomenologically distinctive about joint action. Appealing to an Aristotelian account of agency and to the metaphysical concept of weak emergence, we argue that what makes paradigmatic group action distinctive is the relative inaccessibility, un-revisability, and evaluative simplicity of the group agent’s goal(s) from the perspective of individual agents. This suggests that a distinctive feature of joint agency is the maintenance of a greater sense of individual agency. Put simply, joint agency is often experienced as an enhancement of the individuals’ agency precisely because our paradigmatic agential powers are extended intersubjectively as we act together. In contrast, group agency often involves a loss of the sense of agency, precisely because it is the emergent group agent that maintains the agential powers. (shrink)

How should we make sense of praise and blame and other such reactions towards collective agents like governments, universities, or corporations? My argument is that collective agents do not have to qualify as moral agents for us to make sense of their responsibility. Collective agents can be appropriate targets for our moral feelings and judgements because they can maintain and express moral positions of their own. Moral agency requires being capable of recognizing moral considerations and reasons. It also necessitates (...) the ability to react reflexively to moral matters, i.e., to take into account new moral concerns when they arise. While members of a collective agent are capable of this, the collective frames the thinking of the individual moral agents within it and affects their options in myriad ways. The moral positions thus formed and expressed belong to the collective. Crucially, unlike marginal moral agents, collective agents as moral actors can be held fully responsible for their acts and omissions. (shrink)

Are corporations and other complex groups ever morally responsible in ways that do not reduce to the moral responsibility of their members? Christian List, Phillip Pettit, Kendy Hess, and David Copp have recently defended the idea that they can be. For them, complex groups (sometimes called collectives) can be irreducibly morally responsible because they satisfy the conditions for morally responsible agency; and this view is made more plausible by the claim (made by Theiner) that collectives can have minds. In (...) this paper I give a new argument against the idea that collectives can be irreducibly morally responsible in the ways that individuals can be. Drawing on recent work in the philosophy of mind (what Uriah Kriegel calls "the phenomenal intentionality research program") and moral theory (David Shoemaker's tripartite theory of moral responsibility), I argue that for something to have a mind, it must be phenomenally conscious, and that the fact that collectives lack phenomenal consciousness implies that they are incapable of accountability, an important form of moral responsibility. (shrink)

This paper offers a comparison of three different kinds of collective attitudes: aggregate, common, and corporate attitudes. They differ not only in their relationship to individual attitudes—e.g., whether they are “reducible” to individual attitudes—but also in the roles they play in relation to the collectives to which they are ascribed. The failure to distinguish them can lead to confusion, in informal talk as well as in the social sciences. So, the paper’s message is an appeal for disambiguation.

Jenny Saville is a leading contemporary painter of female nudes. This paper explores her work in light of theories of gender and embodied agency. Recent work on the phenomenology of embodiment draws a distinction between the body image and the body schema. The body image is your representation of your own body, including your visual image of it and your emotional attitudes towards it. The body schema is comprised of your proprioceptive knowledge, your corporeally encoded memories, and your corporeal (...) proficiency with respect to various environments and activities. Saville is concerned with body image issues, and I discuss how she reconfigures representational practices with respect to feminine body images. However, the most exciting potential for feminist analysis of the state of the female nude derives from the concept of the body schema, for this concept endows the human body with subjectivity and agency. My key question, then, is by what pictorial means and to what extent Saville succeeds in representing agentic womanhood. I argue that interpreting Saville’s paintings from the standpoint of the body schema demonstrates the radicality of her remaking of the female nude and the rapport between her imagery and feminist values. (shrink)

Are groups ever capable of bearing responsibility, over and above their individual members? This chapter discusses and defends the view that certain organized collectives – namely, those that qualify as group moral agents – can be held responsible for their actions, and that group responsibility is not reducible to individual responsibility. The view has important implications. It supports the recognition of corporate civil and even criminal liability in our legal systems, and it suggests that, by recognizing group agents as (...) loci of responsibility, we may be able to avoid “responsibility gaps” in some cases of collectively caused harms for which there is a shortfall of individual responsibility. The chapter further asks whether the view that certain groups are responsible agents commits us to the view that those groups should also be given rights of their own and gives a qualified negative answer. (shrink)

Without doubt, the global challenges we are currently facing—above all world poverty and climate change—require collective solutions: states, national and international organizations, firms and business corporations as well as individuals must work together in order to remedy these problems. In this chapter, I discuss climate change mitigation as a collective action problem from the perspective of moral philosophy. In particular, I address and refute three arguments suggesting that business firms and corporations have no moral duty to reduce greenhouse gas emissions: (...) (i) that business corporations are not appropriate addressees of moral demands because they are not moral agents, and (ii) that to the extent that they are moral agents their primary moral obligation is to their owners or shareholders, and (iii) the appeal to the difference principle: that individual business corporations cannot really make a significant difference to successful climate change mitigation. (shrink)

According to some collectivists, purposive groups that lack decision-making procedures such as riot mobs, friends walking together, or the pro-life lobby can be morally responsible and have moral duties. I focus on plural subject- and we-mode-collectivism. I argue that purposive groups do not qualify as duty-bearers even if they qualify as agents on either view. To qualify as a duty-bearer, an agent must be morally competent. I develop the Update Argument. An agent is morally competent only if the agent has (...) sufficient positive and negative control over updating their goal-seeking states. Positive control involves the general ability to update one’s goal-seeking states, whereas negative control involves the absence of other agents with the capacity to arbitrarily interfere with updating one’s goal-seeking states. I argue that even if purposive groups qualify as plural subjects or we-mode group agents, these groups necessarily lack negative control over updating their goal-seeking states. This creates a cut-off point for groups as duty-bearers: Organized groups may qualify as duty-bearers, whereas purposive groups cannot qualify as duty-bearers. (shrink)

This book explores a universal question of human social order: Under what circumstances and to what extent is the individual to be held morally responsible for collective events? This question reaches far beyond the intentions and actions of a particular business enterprise, state or a similar large-scale collective. The philosopher Wolfgang Sohst (Berlin, Germany) investigates the subject with unprecedented thoroughness, covering the whole range of contemporary discussion on this subject. He provides a detailed analysis of the functions of individual members (...) in such a collective, the structural prerequisites for them to be held responsible for acts which they have not directly committed themselves and the transmission of responsibility even to successor generations of the perpetrators collective. -/- Table of contents: -/- Introduction 1 Actors and Moral Action 1.1 On the concepts of actors and action 1.2 The simultaneous emergence of actor and action 1.3 The difference between a unit of event and a unit of action 1.4 The difference between legal and moral responsible action -/- 2 The Continuum Between Individual and Corporate Actor 2.1 The relationship between a single human actor and a corporate actor 2.1.1 The primary responsibility of the individual actor and the ontological status of the collective 2.1.2 Additional arguments for putting collective responsibility onto the individual actor 2.2 The levels within structural consolidation 2.3 A different schematic view: Community, Society, State 2.4 Direct vs. organized sociality 2.5 Conflicts of application in assigning collective responsibility -/- 3 Individual and Collective Actions 3.1 A better form of social reductionism 3.2 Corporate bodies as a bundle of agency relationships 3.3 The horizon of view for collective social phenomena -/- 4 The Corporate Entity as a Moral Subject 4.1 Are corporate actors also morally responsible? 4.2 Corporate bodies as norm subjects -/- 5 Possible criteria for the moral qualification of collective action 5.1 Membership in a group 5.2 Success of an action 5.3 Shared intentionality or purpose, common interests and common consciousness 5.4 Social relationships between actors as a condition of collective action 5.5 Subjective and factual feelings of collective responsibility 5.6 The community of shared values 5.7 Social identity 5.8 Origin and ethnic belonging 5.9 No equality in injustice -/- 6 Norm-based and Purpose-oriented Organization 6.1 No collective responsibility without inner organization 6.2 Collective shame as an indication of collective responsibility 6.3 Individual responsibility for collective norms 6.4 The collective organization as an independent unit of purpose for the collective 6.4.1 The actualistic perspective 6.4.2 Structural persistence 6.4.3 Possible counter-examples of structural persistence 6.5 The other side of collective responsibility 6.6 Interim Result -/- 7 Moral Responsibility of the Individual from an International Perspective -/- 8 Social Norms and Our Responsibility for their Fulfillment 8.1 Norm dimensions 8.2 The overarching importance of norm ranking in assigning collective moral responsibility 8.3 Private and public norms 8.4 Subjective ‘ought’ and personal responsibility 8.5 The obligation to morally acceptable and coherent behavior -/- 9 The Difference between Culpability and Responsibility 10 The Temporal Horizon of Collective Moral Responsibility Index Bibliography. (shrink)

The existence of group agents is relatively widely accepted. Examples are corporations, courts, NGOs, and even entire states. But should we also accept that there is such a thing as group consciousness? I give an overview of some of the key issues in this debate and sketch a tentative argument for the view that group agents lack phenomenal consciousness. In developing my argument, I draw on integrated information theory, a much-discussed theory of consciousness. I conclude by pointing out an implication (...) of my argument for the normative status of group agents. (shrink)

ABSTRACT:The distinction between what I call nonelective obligations and discretionary obligations, a distinction that focuses on one particular thread of the distinction between perfect and imperfect duties, helps us to identify the obligations that carry over from principals to agents. Clarity on this issue is necessary to identify the moral obligations within “shareholder primacy”, which conceives of managers as agents of shareholders. My main claim is that the principal-agent relation requires agents to fulfill nonelective obligations, but it does not always (...) require discharging discretionary obligations. I show that the requirement to fulfill nonelective obligations is more far-reaching than has been acknowledged by most defenders and critics of shareholder primacy. But I also show that managers are not bound by certain discretionary obligations like charity, showing that their moral obligations are more circumscribed than the obligations that apply to human beings in general. (shrink)

Each new decade brings ‘advances’ in technology that are more capable of collecting, aggregating, organizing, and deploying data about human practices. Where we go, what we buy, what we say online, and the people with whom we connect, are captured with ever more sophistication by governmental and corporate institutions. Data are increasingly being sold to schools to help them ‘manage’ teaching and administration tasks. Of course, at the same time, schools, teachers, and students are generating data that further advances (...) the goals of data aggregators. After some discussion regarding data’s philosophical dimensions, this chapter examines the benefits and drawbacks of surveillance and datafication in present educational contexts. In addition, this chapter raises ethical and pragmatic questions related to how datafication often reshapes or redefines agency, choice, personal relationships, and individuality. In response to some of the ethical qualms raised by these questions, a vision (imaginary) is proposed to help conserve some of the educational values threatened by datafication, including values related to genuine interest, sociality, and transformative, and qualitative experiences. -/- CITATION: Hildebrand, D.L. (2024). What are Data and Who Benefits?. In: Buch, A., Lindberg, Y., Cerratto Pargman, T. (eds) Framing Futures in Postdigital Education. Postdigital Science and Education . Springer, Cham. doi: 10.1007/978-3-031-58622-4_5 -/- . (shrink)

The concept of freedom as non-domination that is associated with neo-republican theory provides a guiding ideal in the global, not just the domestic arena, and does so even on the assumption that there will continue to be many distinct states. It argues for a world in which states do not dominate members of their own people and, considered as a corporate body, no people is dominated by other agencies: not by other states and not, for example, by any international (...) agency or multi-national corporation. This ideal is not only attractive in the abstract, it also supports a concrete range of sensible, if often radical international policies. (shrink)

The paper provides a taxonomy of group speech acts whose main division is that between collective speech acts (singing Happy Birthday, agreeing to meet) and group proxy speech acts in which a group, such as a corporation, employs a proxy, such as a spokesperson, to convey its official position. The paper provides an analysis of group proxy speech acts using tools developed more generally for analyzing institutional agency, particularly the concepts of shared intention, proxy agent, status role, status function, (...) convention and constitutive rule. (shrink)

Digital innovations are rapidly changing the contemporary workplace. Big Tech companies marketing algorithmic management increasingly decide on the Future of Work. Political responses, however, often focus on managing the impact of these technologies on workers. They leave the question of how these technologies are designed or how workers can determine their own futures unanswered. This approach risks surrendering the Future of Work debate to techno-determinist imaginaries aligned with corporate interests. Using Cornelius Castoriadis’ early writings on worker struggles in French (...) Tayloristic factories and his later oeuvre on conflictual social imaginaries, I propose an agonistic approach to the Future of Work. Not merely companies implementing workplace technologies, but also workers themselves possess agency in determining the Future of Work. Workers’ frequent contestations against machinic surveillance and technologically mediated coordination of the labour process disclose an alternative Future of Work in which technologies are used to enhance worker autonomy rather than bureaucratic control. Worker struggles at Amazon Mechanical Turk illustrate this agonistic dynamic: Amazon mobilizes algorithmic management to fragment and control a workforce of globally dispersed remote workers, but the latter form online social communities and create counter-technologies to reappropriate control over the labour process. (shrink)

It is rather natural to suppose that what we mean when we say that an institutional organization has a moral duty is parallel to whatever it is that we mean when we say that an individual has a duty. I challenge this interpretation on the grounds that it assumes that institutional organizations possess those characteristics or abilities requisite for moral agency—an assumption which I argue is highly suspicious. Against such an interpretation, I argue that we have very good reasons (...) to suppose that the term 'has a duty' is used equivocally across individual and institutional contexts. In other words, the meaning of an institutional duty-claim is quite different than that of an individual duty-claim, so much so that we ought to recognize that institutional duty-claims are not really duty-claims at all. (shrink)

The topic of my thesis is individual and collective responsibility for collectively caused systemic harms, with climate change as the case study. Can an individual be responsible for these harms, and if so, how? Furthermore, what does it mean to say that a collective is responsible? A related question, and the second main theme, is how ignorance and knowledge affect our responsibility. -/- My aim is to show that despite the various complexities involved, an individual can have responsibility to address (...) climate change. I argue that climate change is not a problem just for states and international bodies, but also for individuals. There are three possible sources of moral responsibility for individuals in relation to climate change harms: direct responsibility (individuals qua individuals), shared responsibility as members (individuals qua members of collective agents), and shared responsibility as constituents (individuals qua constituents of unorganised collectives). -/- Accounts that deny individual responsibility fail to either take our interdependent reality seriously or fail to understand marginal participation (or in the case direct responsibility, fail to appreciate the nature of the climate change phenomenon). Individuals can be complicit in climate change harms, either as members of collective agents (e.g. as citizens of states or employees of a corporation) or as constituents of unorganised collectives (e.g. as consumers or polluters). -/- Although I focus on individual complicity, I do not deny the obligations of collective agents. However, nation-states, governments, and international bodies are not the only relevant collective agents in climate ethics: other collective agents, such as corporations, matter also and can have obligations concerning making sure that their activities are as carbon-neutral as possible. In addition, those corporations that have engaged in lobbying against climate regulation through creating and disseminating misleading information have acquired themselves additional obligations to mitigate climate change and compensate for the harm they have caused. Even so, the ethical claims can only be understood by individual members of these collective agents because only they can feel the pull of moral claims. I suggest that we could distinguish between what one must possess in order to be capable of making moral claims (i.e. moral agency conditions), and what it means to have the ability to exhibit such claims through one’s conduct. -/- Individual direct responsibility is to not to increase the probable risk of serious harm to other people, at least as long as we can do so at a less than significant cost to ourselves. It is limited to relatively wealthy individuals. Offsetting is not a reliable way to meet this duty; we need to look at the emissions from our lifestyle choices (within the available infrastructure). Shared responsibility qua members of collective agents is the key individual responsibility, and it presses especially on those occupying key positions within key collective agents. Saying that, our shared responsibility qua constituents of unorganised collectives has the potential to be decisive in whether some action is taken or not, either through a set of actions that can signal certain acceptance or support, or as a form of political support from the grass roots. (shrink)

It is not uncommon for people to suffer identity crises. Yet, faced with similarly disruptive circumstances, some people plunge into an identity crisis while others do not. How must selfhood be construed given that people are vulnerable to identity crises? And how must agency be construed given that some people skirt potential identity crises and renegotiate the terms of their personal identity without losing their equilibrium -- their sense of self? If an adequate theory of the self and (...) class='Hi'>agency must be able to account for this capacity to avert identity crises, I argue that it must include an account of agentic corporeity. After explaining what an identity crisis is, I examine Charles Taylor’s and David Velleman’s accounts of identity and agency and argue that their omission of agentic corporeity makes it impossible for them to convincingly account for the ability to avert an identity crisis. In the spirit of Merleau-Ponty’s account of the intentional arc and J. J. Gibson’s account of the relation between corporeity and affordances, I sketch an account of psychocorporeal practical intelligence that includes three main components – psychocorporeal insight, psychocorporeal values, and psychocorporeal versatility. I conclude by connecting my position to Aristotle’s views about practical understanding and by arguing that both Taylor and Velleman have reason to embrace my position. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:MatteringPheng Cheah (bio)Judith Butler. Bodies That Matter: On the Discursive Limits of “Sex.” New York: Routledge, 1993.Elizabeth Grosz. Volatile Bodies: Toward a Corporeal Feminism. Bloomington: Indiana UP, 1994.Any cursory survey of contemporary cultural-political theory and criticism will indicate that the related concepts of “nature” and “the given” are not highly valued terms. The reason for this disdain and even moral disapprobation of naturalistic accounts of human existence is supposed (...) to be self-evident: simply put, in a post-Newtonian age, nature refers to the totality of objects governed by immutable causal laws. If human existence was merely natural or given, then we would never be able to alter the conditions that bring about human oppression. Antinaturalism in contemporary theory, however, betrays a deep fear in its repetitive tirades against the natural. For if it is so obviously precritical to treat human existence as given, then why does antinaturalism need to be articulated again and again? This obsessive pushing away of nature may well constitute an acknowledgement-in-disavowal that humans may be natural creatures after all. Furthermore, as a theoretical position, antinaturalism itself is produced by the polemical energy that strives to keep nature at bay, in quarantine from the sphere of human life. Consequently, antinaturalism works with a conventional philosophical definition of nature which it may do well to question. We may therefore be justified in claiming that, far from being tired superstitions that savvy discourse analysts and cultural constructionists can leave behind, the concepts of “nature” and “the given” are, in fact, neuralgic points, the contested sites around which any theory of political transformation is organized.In its conventional usage, nature is opposed to a whole host of other terms: history, culture, law, production, and so forth. The slipperiness of nature, however, is seen in the fact that the relation between nature and its others defies characterization as a simple relation of exteriority between two ontologically distinct terms. For instance, the relation of nature to history can be posed not only in terms of the modification of nature by historical agency but also from within the realm of historical agency insofar as the constraints of structure or construction on transformative rational agency seem to replicate the limitations or weightiness of nature. Feminism is an exemplary site for rehearsing this fundamental questioning of the distinction between nature and its others because it must refute biologistic and naturalistic justifications for the oppression of women even as it must affirm women’s bodily specificity as the minimal consensual stuff which grounds feminist practice. As Zillah Eisenstein astutely observes in spite of her own intellectual allegiances, “if the body is already engendered in this way, how can we claim our bodies without reproducing the inequities of the gender-system?... [S]o we become involved in explicating patriarchal relations without knowing where patriarchy begins and ends in the definition of a woman’s or a mother’s body. What aspect of the body constitutes a woman’s potential capacities, and what part articulates her oppression?” [73, 75]. [End Page 108] Philosophically speaking, the giving of body or matter—what I propose to call “mattering”—may be the process where history and nature become uncannily indistinguishable in a manner that is both enabling and disabling for political transformation, its condition of (im)possibility.Thus far, the productive unease in feminist theory occasioned by the body as the ambivalent ground of both oppression and emancipatory transformation has resulted in debates over the sex/gender distinction and the question of essentialism/antiessentialism. 1 Discussion has, however, primarily centered on the strategic deployment of the body as a political resource. Two recent books—Judith Butler’s Bodies That Matter and Elizabeth Grosz’s Volatile Bodies—stand out because they promise to raise discussion to a level where political issues concerning the body can be reevaluated through a rigorous rethinking of the relation between nature and its others: culture, history, and society. The authors of these books share the distinctive aim of articulating a feminist theory that is centered on a philosophical exploration of the status of the body. Both Grosz and Butler are trained in Continental philosophy, where the secondary status of... (shrink)