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)

Political protesters often don’t play by the rules. Think of the Occupy Movement, which brought lower Manhattan to a standstill in 2011 under the slogan, “We are the 99%”. Closer to home, think of the refugee activists who assisted a breakout from South Australia’s Woomera detention centre in 2002. Both are examples of contentious politics, or forms of political engagement outside the institutional channels of political decision-making. The democratic credentials of contentious politics are highly ambivalent. On the one hand, contentious (...) politics appears to have insufficient respect for democratic decision. Protesters are often forceful, uncivil and rowdy, aiming to disproportionately influence policy. But shouldn’t proposals be put forward with civility through the proper channels? And shouldn’t their proponents accept with good grace if they are democratically rebuffed? A closer look at the history of political thought can provide us with the framework to assess the case for and against the democratic reasonableness of contentious politics. (shrink)

Corporations are increasingly asked to specify a ‘purpose.’ Instead of focusing on profits, a company should adopt a substantive purpose for the good of society. This chapter analyses, historicises, and radicalises this call for purpose. It schematises the history of the corporation into two main purpose/power regimes, each combining a way of thinking about corporate purpose with specific institutions to hold corporate power to account. Under the special charter regime of the seventeenth to mid-nineteenth centuries, governments (...) chartered companies to pursue specific public purposes. Under criticism for corruption and lack of competition, the special charter regime gave way to the contemporary general incorporation regime, under which no particular purposes are demanded of corporations, and profit-seeking has become the norm. This regime has now come under criticism, with calls for a new social purpose regime. The analysis of these three regimes focuses on politicisation. The chapter argues that orienting companies to substantive social purposes requires politicising the business corporation, creating meaningful accountability mechanisms to align companies with the goals of the public. The purpose paradigm must overcome its political timorousness and be more institutionally radical. The difficulty is doing this without unacceptable corruption and inefficiency. A form of ‘proper politicisation’ is needed. At the end of the chapter, some directions for reform are discussed, which may deliver on that desideratum. (shrink)

The fear that business corporations have claimed unwarranted constitutional protections which have entrenched corporate power has produced a broad social movement demanding that constitutional rights be restricted to human beings and corporate personhood be abolished. We develop a critique of these proposals organized around the three salient rationales we identify in the accompanying narrative, which we argue reflect a narrow focus on large business corporations, a misunderstanding of the legal concept of personhood, and a failure to distinguish (...) different kinds of constitutional rights and the reasons for assigning them. Corporate personhood and corporate constitutional rights are not problematic per se once these notions are decoupled from biological, metaphysical, or moral considerations. The real challenge is that we need a principled way of thinking about the priority of human over corporate persons which does not reduce the efficacy of corporate institutions or harm liberal democracies. (shrink)

Corporate bond appeared in 1992-1994 in Vietnamese capital markets. However, it is still not popular to both business sectors and academic circles. This paper explores different dimensions of Vietnamese corporate bond market using a unique and perhaps, most complete data set. State not only intervenes in the bond markets with its powerful budget and policies but also competes directly with enterprises. The dominance of state-owned enterprises and large corporations also prevents small and medium enterprises from this debt financing (...) vehicle. Whenever a convertible term is available, bondholders are more willing to accept lower fixed income payoff. But they would not likely stick to it. On the one hand, prospective bondholders could value the holdings of equity when realized favourably ex ante. On the other hand, the applicable coupon rate for such bonds could turn out negative inflation-adjusted payoff when tight monetary policy is exercised and the corresponding equity holding turns out valueless, ex post. Given the weak primary market and virtually non-existent secondary market, the corporate bond market in Vietnam reflects our perception of the relationship-based and rent-seeking behaviour in the financial markets. For the corporate bonds to really work, they critically need a higher level of liquidity to become truly tradeable financial assets. Updated entries in 2010 affirm the findings and conclusions. (shrink)

The purpose of this symposium is to shed light on the genealogy of the idea of a business corporation, an economic institution which has long been regarded with a mixture of awe and apprehension. Each of the four original contributions addresses the history of some of its key features. In the process, each contributor reveals some of the insights that history has to teach us regarding the central concepts that inform contemporary debates about the nature of the corporation, the contours (...) of the corporation's purpose, the sources of corporate power, the functions of corporate law, the duties of directors, the status of shareholders, and the legitimacy of corporate rights. (shrink)

Since the global financial crisis in 2008, corporations have faced a crisis of trust, with growing sentiment against ‘elites and ‘big business’ and a feeling that ‘something ought to be done’ to re-establish public regard for corporations. Trust and trustworthiness are deeply moral significant. They provide the ‘glue or lubricant’ that begets reciprocity, decreases risk, secures dignity and respect, and safeguards against the subordination of the powerless to the powerful. However, in deciding how to restore trust, it is difficult to (...) determine precisely what should be done, by whom, and who will bear the cost, especially if any action involves a risk to overall market efficiency and corporate profitability. The paper explores whether corporations have a moral duty to be trustworthy, to bear the cost of being so and thus contribute to resolving the current crisis of trust. It also considers where the state and other social actors have strong reason to protect and enforce such moral rights, while acknowledging that other actors have similar obligations to be trustworthy. It outlines five ‘salient factors’ that trigger specific rights to trustworthiness and a concomitant duty on corporations to be trustworthy: market power, subordination (threat and intimidation), the absence of choice, the need to preserve systemic trust, and corporate political power which might undermine a state’s legitimacy. Absent these factors and corporations do not have a general duty to be trustworthy, since a responsible actor in fair market conditions should be able to choose between the costs and benefits of dealing with generally trustworthy corporations. (shrink)

This paper argues that instituting Citizen Boards of Governance (CBGs) is the optimal strategy to democratically contain Big Tech’s algorithmic powers in the digital public sphere. CBGs are bodies of randomly selected citizens that are authorized to govern the algorithmic infrastructure of Big Tech platforms. The main advantage of CBGs is to tackle the concentrated powers of private tech corporations without giving too much power to governments. I show why this is a better approach than ordinary state regulation or (...) relying on market mechanisms. My proposal follows from the critique of Big Tech’s concentrated powers, and explains how this justifies democratizing algorithms in the digital public sphere. My approach thus speaks to a core commitment in democratic theory: enhancing the autonomy of the public sphere from the centers of powers in modern societies, be it corporations or governments. (shrink)

On 4 December 2006, during discussions on the Corporate Manslaughter and Corporate Homicide Bill, Andrew Dismore, Member of Parliament and then Chair of the Joint Committee on Human Rights, said, ‘Organisations can kill people … but it is the actions and omissions of people in organisations that cumulatively cause death’. However, the corporate entity is a vehicle for the communal actions of those who guide the business activities. Attempting to seek out persons or people that are solely (...) responsible for deaths and violations of human rights caused by companies is fruitless. The entity is a vehicle for those actions, it possesses its own, often deep, pockets of finance and resources, and it has a public image. It is more useful to punish the corporate entity, in instances where the corporate behaviour has led to death and human rights abuses, as it is in seeking out individual defendants. Soft law options have not brought about a sufficient reduction in instances of deaths caused by corporate behaviour across jurisdictional borders. This article will argue that the time has now come to establish an international hard law on corporate killing, and for states to ensure that there is a viable path towards a redress for victims and their families along with adopting a duty to assist the victim or their family to pursue redress to ensure a fair balance of power against transnational companies. (shrink)

Worsening energy crises and the growing effects of climate change have spurred, among other things, concerted efforts to tackle global problems through what the United Nations calls Sustainable Development Goals (SDGs). These are in turn argued to be best achieved via the adoption of environmental, social, and corporate governance (ESG) as the vehicle for guiding our efforts. However, though these things are often presented as the solution to global issues, they are increasingly being used as a means to centralize (...) power and exacerbate growing authoritarian trends. This article aims to demonstrate how the narratives surrounding ESG mask this reality, taking as a solution one of the foundational causes of global wealth and power disparity. (shrink)

Corporate social responsibility has become a focal point for research aimed at extending business ethics to extra-corporate issues; and as a result many companies now seek to at least appear dedicated to one or another version of CSR. This has not affected the arms industry, however. For, this industry has not been discussed in CSR literature, perhaps because few CSR scholars have questioned this industry's privileged status as an instrument of national sovereignty. But major changes in the organization (...) of political communities call traditional views of sovereignty into question. With these considerations in mind I assess the U.S. arms industry on the basis of CSR requirements regarding the environment, social equity, profitability, and use of political power. I find that this industry fails to meet any of these four CSR requirements. Countering a claim that these failings should not be held against arms manufacturers because their products are crucial to national defense, I contend that many of these companies function not as dutiful agents of a nation-state but as politically powerful entities in their own right. So, I conclude, they should be held responsible for the foreseeable consequences that flow from use of their products. This responsibility should include civil liability and, in cases involving war crimes and violations of human rights, responsibility under international human rights standards. (shrink)

Many corporations are large, powerful, and wealthy. There are massive shortfalls of global justice, with hundreds of millions of people in the world living below the threshold of extreme poverty, and billions more living not far above that threshold. Where injustice and needs shortfalls must be remediated, we often look towards agents’ capabilities to determine who ought to bear the costs of rectifying the situation. The combination of these three claims grounds what I call a ‘linkage-based’ account of why corporations (...) have demanding positive duties to the global poor. In this paper, I put forward a distinctive linkage-based account of corporations’ positive duties centred on the idea of dependence and the importance of meeting agents’ core needs. In addition to outlining and defending this account, I will show that we can utilise its basic conceptual components to make headway on questions that have received insufficient attention in the business ethics literature; specifically, we can say something substantive about the weighting of needy agents’ competing claims to assistance, and about the limits to the demands that can be lodged against corporations on the basis of others' unmet needs. Having integrated considerations of duties' grounding, their comparative weight, and the limits of their demandingness into a single account of corporate positive duty, I conclude by discussing a challenge to attributing to corporations duties owed to the worst-off amongst the global poor. (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)

Thomas Hobbes often includes powers and abilities in his descriptions of the world. Meanwhile, Hobbes’s philosophical picture of the world appears quite reductive, and he seems sometimes to say that nothing exists but bodies in motion. In more extreme versions of such a picture, there would be no room for powers. Hobbes is not an eliminativist about powers, but his view does tend toward ontological minimalism. It would be good to have an account of what Hobbes thinks powers are, and (...) how they fit into his understanding of the world. In this chapter, I investigate Hobbes’s account of the metaphysics of powers and abilities. Section 1 considers three important aspects of Hobbes’s account of powers: the connection between powers and causes; the modal aspects of powers; and the connection between powers and motions. Sections 2 and 3 then consider interpretive arguments about whether Hobbes identifies powers with underlying corporeal features. (shrink)

The practice of corporal punishment (CP) in many countries and schools today, has been described to be prevalent as a result of the belief that the practice of CP is effective in changing the behavior, or in building the character of the concerned human subjects. Apparently, this is done without considering the ramifications of its engagement, or neglecting other measures that could be taken to address the situation on the ground. Unarguably, the subject of corporal punishment is one which, though (...) often discussed, is usually discussed without a reached consensus, for its real outflow lies too deep for the purposes of controversy. While the issue of corporal punishment can be best described as that of virtue and vice in our contemporary pedagogy, this paper seeks to take a philosophical and a sociological stance by examining the positioning power, practical prospects of corporal punishment and relevance of various moral theories in the contemporary pedagogy. (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)

Introduction: Over the past twenty-five years the sporting body has been studied in a myriad of ways including via a range of feminist frameworks (Hall 1996; Lowe 1998; Markula 2003; George 2005; Hargreaves 2007) and gender-sensitive lenses (e.g. McKay 1994; Aoki 1996; Woodward 2008). Despite this developing corpus, studies of sport only rarely engage in depth with the ‘flesh’ of the lived sporting and exercizing body (Wainwright and Turner 2003; Allen-Collinson 2009) at least from a phenomenological angle, and in relation (...) to female embodiment. It seems that a more corporeally-grounded, phenomenological perspective on women’s sporting embodiment would be a welcome addition to extant studies. In this chapter I suggest that employing a feminist phenomenological framework can provide a powerful lens through which to explore the subjective, richly-textured, lived-body experiences of sport and exercise. Phenomenology of course offers only one of a multiplicity of avenues to investigate the body in sport, and this chapter provides just a small glimpse of its possibilities. To-date studies of sporting experience employing a phenomenological theoretical framework remain surprisingly under-developed (Kerry and Armour 2000), as do those using its ethnomethodological offspring (Coates 1999; Burke et al. 2008). Further, as Fisher (2000) notes, the significance of the interaction between phenomenology and feminism has only relatively recently begun to be explored. It seems timely, therefore, to address this intriguing, potentially productive, but sometimes uneasy nexus, focusing upon female running embodiment in this case. (shrink)

The paper advances the hypothesis that David Hume’s philosophy explains the corporeal dimension of the self, particularly, one’s belief in a body as being ‘her own body’, as a part of one’s self, in light of three different perspectives: through the operations of the imagination, the associative principles and the perception of mental and physical parallel states; through the occurrence of certain passions in the mind, particularly, pride, humility, and self-interest which direct one’s attention to a body that is felt (...) to be her own body; through the consciousness of the ability of the will to guide the power of moving certain parts of the body. Finally, it is argued that the mental phenomenon of belief in one's own body is a mutual construction of the human mind, that is, it is produced simultaneously by intellectual, affective, and volitional operations. (shrink)

Is political equality viable given the unequal private property holdings characteristic of a capitalist economy? This book places the wealth-politics nexus at the centre of scholarly analysis. Traditional theories of democracy and property have often ignored the ways in which the rich attempt to convert their wealth into political power, operating on the implicit assumption that politics is isolated from economic forces. This book brings the moral and political links between wealth and power into clear focus. The chapters (...) are divided into three thematic sections. Part I analyses wealth and politics from the perspective of various political traditions, such as liberalism, republicanism, anarchism, and Marxism. Part II addresses the economic sphere, and looks at the political influence of corporations, philanthropists and commons-based organizations. Finally, Part III turns to the political sphere and looks at the role of political parties and constitutions, and phenomena such as corruption and lobbying. Wealth and Power: Philosophical Perspectives will be of interest to scholars and advanced students working in political philosophy, political science, economics, and law. (shrink)

Corporate disclosure and reporting of information has become synonymous with transparency which in discourses idealising its value is part of the rhetoric of good governance. This notion is overtly conveyed in principles and codes of corporate governance practice which have proliferated globally over the last three decades. The possibility for transparency to conceal more than is revealed is considered with regard to corporate communication of information, with the consequence that power and real knowledge of the (...) class='Hi'>corporate behavioural agenda remains in corporate hands. Philosophically, the paradoxical and unintended outcome is that corporations are constrained by the norm of transparency in developing authentic moral behaviour, while also exercising power and control since in the information society transparency does not, and indeed cannot, lead to revealing all. Transparency places greater emphasis on judging, or evaluating existing organisational processes than on assessment of (self-)learning processes based on what actually takes place when corporations make decisions. (shrink)

In view of the philosophical problems that vex the debate on situated affectivity, it can seem wise to focus on simple cases. Accordingly, theorists often single out scenarios in which an individual employs a device in order to enhance their emotional experience, or to achieve new kinds of experience altogether, such as playing an instrument, going to the movies or sporting a fancy handbag. I argue that this narrow focus on cases that fit a ‘user/resource model’ tends to channel attention (...) away from more complex and also more problematic instances of situated affectivity. Among these are scenarios in which a social domain draws individuals into certain modes of affective interaction, often by way of attunement and habituation to affective styles and interaction patterns that are normative in the domain in question. This can lead to a phenomenon that is not so much ‘mind extension’ than ‘mind invasion’: affectivity is dynamically framed and modulated from without, often contrary to the prior orientations of the individuals in question. As an example, I discuss affective patterns prevalent in today’s corporate workplace. I claim that workplace affect sometimes contributes to what is effectively a ‘hack’ of employees’ subjectivity. (shrink)

In the early 20th century, the most numerous and well-funded institutions in the United States—corporations—used public relations to make a widespread and fundamental change in the way they constitute and regulate their relations of knowledge with the public. Today, we can see this change reflected in a variety of areas such as journalism, political outreach, social media, and in the ‘fake news’ and ‘post-truth’ administration of Donald J. Trump. This article traces practices of corporate truth-telling and knowledge production across (...) three periods I will call the personal, the legal, and public relations, which are roughly coincident with the antebellum period, the Gilded Age, and the 20th century, respectively. In sum, what can be found in public relations and now broadly across society, is that relations of knowledge have come to be refigured as relations of power, subordinating traditional epistemological concerns like justification and belief in favor of government and control. (shrink)

Despite growing interest in workplace democracy, the question whether nonworker stakeholders, like suppliers and local communities, warrant inclusion in the governance of democratic companies, as workers do, has been largely neglected. We inspect this question by leaning on the boundary problem in democratic theory. We first argue that the question of who warrants inclusion in democratic workplaces is best addressed by examining why workplace democracy is warranted in the first place, and offer a twofold normative benchmark—addressing objectionable corporate (...) class='Hi'>power and upholding efficiency—to assess the principles of democratic inclusion on offer. Against this benchmark, we next argue that the All-Affected Principle is unfit due to its over- and underinclusive extensional results, and that the All-Subjected Principle, whose variants we examine alongside their extensional results, holds more promise when coupled with independent considerations of justice or a constrained variant of the All-Affected Principle. These combinations need not entirely preclude, but speak against, nonworker stakeholder inclusion. (shrink)

This paper argues that Wolff’s rejection of Leibnizian monads is rooted in a disagreement concerning the general notion of substance. Briefly, whereas Leibniz defines substance in terms of activity, Wolff retains a broadly scholastic and Cartesian conception of substance as that which per se subsists and sustains accidents. One consequence of this difference is that it leads Wolff to interpret Leibniz’s concept of a constantly striving force as denoting a feature of substance separate from its static powers, and not as (...) their replacement. For Wolff, powers are essential possibilities of acting in subjects suited for independent existence. Force is a further ingredient that provides a reason for the contingent operation of powers. Unlike Leibniz, Wolff conceives force narrowly as a principle of actuality, which he calls the “nature” of substance, as distinct from its principle of possibility, or essence. (shrink)

Many anthropologists interpret neoliberalism as a radical break from and dangerous rupture in post-war societies that featured Keynesian economic policies and welfare provision. The allure of a mythic welfare state has boosted John Maynard Keynes’s popularity to many who embrace certain facets of socialism. Many critical social scientists have embraced Keynesianism in ways that overlook how the US used Keynesian policies to reengineer and redeploy state power. Keynes’s liberal synthesis inspired managers in the US Treasury Department to understand depression-era (...) problems of unemployment and poverty in ways that were consonant with the expansion of corporate power. For understanding Keynesianism, as it actually existed during the Cold War, we must analyse how the US Treasury and State Departments used Keynesian principles to rebuild the social reproductive capacities necessary for capitalist accumulation both domestically and in Western Europe. I focus on how the architects of postwar capitalism used full employment policies, labour laws and welfare provision to renovate the nexus of political practices and institutional structures in ways that formed a benevolent and caring image of ‘the state’ and the myth of a class compromise. Through these reforms, governmental planners and administrators used the ‘state idea’ to reorganize capital accumulation as if the post-war economy would represent ordinary people’s best interests. In the process, these sophisticated practices of power became reified as the ‘welfare state’ and the ‘Keynesian compromise’ in ways that endow these institutions and policies with a character divorced from practices of power. The post-war state embodied a dialectic of repression and reform that combined criminalizing dissent with full employment policies and welfare provision. Taking these aspects of power into account, we can see post-war Keynesianism in ways that inspire a robust and far-reaching criticism of the contemporary predicament of economic uncertainty, political instability and environmental degradation. (shrink)

Although successive generations of digital technology have become increasingly powerful in the past 20 years, digital democracy has yet to realize its potential for deliberative transformation. The undemocratic exploitation of massive social media systems continued this trend, but it only worsened an existing problem of modern democracies, which were already struggling to develop deliberative infrastructure independent of digital technologies. There have been many creative conceptions of civic tech, but implementation has lagged behind innovation. This article argues for implementing one such (...) vision of digital democracy through the establishment of a public corporation. Modeled on the Corporation for Public Broadcasting in the United States, this entity would foster the creation of new digital technology by providing a stable source of funding to nonprofit technologists, interest groups, civic organizations, government, researchers, private companies, and the public. Funded entities would produce and maintain software infrastructure for public benefit. The concluding sections identify what circumstances might create and sustain such an entity. (shrink)

Several European and North American states encourage or even require, via good Samaritan and duty to rescue laws, that persons assist others in distress. This paper offers a utilitarian and contractualist defense of this view as applied to corporations. It is argued that just as we should sometimes frown on bad Samaritans who fail to aid persons in distress, we should also frown on bad corporate Samaritans who neglect to use their considerable multinational power to undertake disaster relief (...) or to confront widespread social ills such as those currently befalling public health (obesity) and the environment (climate change). As such, the corporate duty to assist approach provides a novel justification for sustainable business practices in such cases. The paper concludes by arguing that traditional stakeholder approaches have not articulated this duty of assistance obligation, though a new utilitarian stakeholder theory by Thomas Jones and Will Felps may be coextensive. (shrink)

Medical ghostwriting is the practice in which pharmaceutical companies engage an outside writer to draft a manuscript submitted for publication in the names of “honorary authors,” typically academic key opinion leaders. Using newly-posted documents from paroxetine litigation, we show how the use of ghostwriters and key opinion leaders contributed to the publication of a medical journal article containing manipulated outcome data to favor the proprietary medication. The article was ghostwritten and managed by SmithKline Beecham, now GlaxoSmithKline (GSK) and Scientific Therapeutics (...) Information, Inc. without acknowledging their contribution in the published article. The named authors with financial ties to GSK, had little or no direct involvement in the paroxetine 352 bipolar trial results and most had not reviewed any of the manuscript drafts. The manuscript was originally rejected by peer review; however, its ultimate acceptance to the American Journal of Psychiatry was facilitated by the journal editor who also had financial ties to GSK. Thus, GSK was able to take an under-powered and non-informative trial with negative results and present it as a positive marketing vehicle for off-label promotion of paroxetine for bipolar depression. In addition to the commercial spin of paroxetine efficacy, important protocol-designated safety data were unreported that may have shown paroxetine to produce potentially harmful adverse events. (shrink)

The U.S. doctrine of employment-at-will, modified legislatively for protected groups, is being less harshly applied to managerial personnel. Comparable compensation is not otherwise available in the U.S. to workers displaced by technology. Nine pairs of arguments are presented to show how fundamentally management and labor disagree about a company's responsibility for its former employees. These arguments, born of years of labor-management debate, are kaleidoscopic claims about which side has what power. Ultimately, however, not even both together can solve without (...) creative public intervention the emerging problem of massive technological unemployment — the other side of the corporate dream of profit without payrolls. (Originally published as "Displaced Workers: Whose Responsibility?" in Social Policy and Conflict Resolution, eds. T. Attig, D. Callen, and R.G. Frey, Bowling Green, OH: Bowling Green Studies in Applied Philosophy VI, 1984.). (shrink)

This work offers a possible Foucaultian interpretation of Corporate Compliance Management. It is motivated by the so-called "failure" of ethical training. This research pursues a critical and local perspective. The aim is to endorse and strengthen the ethical potentiality of a Compliance Program. In the first part, metaphors produced by corporate employees are presented. These images symbolize the power relationships with their employers and illustrate some Foucaultian concepts. In the second part, Compliance Management is interpreted as an (...) exercise of corporate power validated by an intentioned discourse. In the third part, Compliance Program is interpreted as a possibility of power resistance. In the fourth part, it provides a discussion with some authors who have tried to rescue Foucault's contribution to business ethics. It is reached to the conclusion that a Compliance Program contains potentialities for the individual´s empowerment. This empowerment is mainly granted through dialogue in training workshops. (shrink)

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)

Ethical issues that arise because of the transcendent power of globally oriented corporate entities vis-a-vis local communities. Common problems arise from plant closings and automation, here illustrated by cases of restructuring in Indiana. Public use limitations on "eminent domain" decisions are considered. Then attention turns to the lack of constraints available to regulate decisions made by a transnational corporation. Limited applicability of Rawls's contract theory is noted, then ten real-world space-time situations are reported that involve legally uncontrolled harm (...) to locals due to supra-community control by a corporation. (shrink)

This paper provides an examination of some problems caused by the concentration of influence in the capital markets of developed countries. In particular, I argue that large asset managers exercise quasi-political power that is not democratically legitimate. In section two, I will examine the economic driver behind the size and power of the big asset managers: the passive investing revolution. I will discuss several respects in which this revolution has fundamentally changed capital markets, most notably by making a (...) large share of investors universal owners. In the third section, I argue for my central analytical conjecture: asset managers exercise quasi-political power. They use their influence to shape the rules of the game in public capital markets in order to implement social and environmental policies that have traditionally been the exclusive purview of states. “Asset manager capitalism” is a recent term coined to refer to the contemporary system of corporate governance that succeeded the Berle and Means corporation with its dispersed ownership; the argument of this section is that asset manager capitalism is also a new political-economic regime. In the fourth section I defend my central normative claim: asset manager capitalism is an untenable and illegitimate political-economic arrangement, for at least two reasons. First, the power of asset managers is not checked by any institutional constraints, and is not rendered legitimate by any democratic process. More fundamental than this procedural critique is an argument that the interests of asset managers could not be aligned with the public interest, given the fact that the distribution of capital is highly unequal. I conclude by discussing several proposals to reform asset manager capitalism. (shrink)

Corporate social responsibility (CSR) research has ignored the arms industry, in large part because of political assumptions that tie this industry to nation-state sovereignty. Bypassing this obsolescent Westphalian world-view, I examine the US arms industry on the basis of CSR requirements regarding the environment, social equity, profitability, and use of political power. I find the arms industry fails each of these four CSR requirements. In response to the assertion that the arms industry should not be subject to CSR (...) requirements because it is crucial to national defense, I point out that many arms manufacturers are post-Westphalian entities more powerful in their own right than many nation-states. So they should be held responsible for the foreseeable consequences that flow from use of their products, both under civil law and, where applicable, under international human rights standards. (shrink)

My aim in this article is twofold. First, I will illuminate the triangular conceptual connections between responsibility, authority, and power as they are exposed in the organizational realm; second, I will show how the three concepts are distinct. Relying on the work of Peter Strawson and his followers on responsibility for my point of departure, I will show that the connection between the inner corporational authority and its inner matching responsibility is different from the connection between the outer corporational (...) forces and influences and the CSR that they develop in reaction to these. This will expose another important distinction between two kinds of responsibility: the organizational kind, as instantiated in organizations, and the social kind, which constitutes the outer aspect of the CSR. Though many thinkers address different kinds of responsibility, a comparative perspective of these different concepts is missing. I attempt to bring three of these separate discourses together to examine them alongside one another, evaluating them in the light of their differences and similarities. This will expose a new typology of ‘responsibility’ that penetrates and illuminates the relations between corporations and society and as such enhance our understanding of organizational responsibility. (shrink)

Corporative global media cannot be an instrument of the culture of peace, because they have made widespread individualistic values of the consummative society. Through their symbolic power, they successfully dominate over every sphere of existence of a society: politics, economic life, social ties, national culture, human communication and private life. Traditional media could not be a factor in the promotion and development of culture of peace, simply because they are proponents of corporative economic and political interests. It is in (...) the interest of citizens to counter the activities of “rapacious capitalism” (SCHMIDT 1998), of local comprador political and economic elites, and the practice of robbery of their work; to bridle the proliferation of weapons and acts of aggression. (shrink)

Understanding the policymaking process in an emerging economy in the global south, such as Bangladesh, holds significant importance. The country's remarkable socio-economic development, once the most impoverished in the region, has been facilitated by post-globalization economic transformation. While the literature on institutional change has predominantly focused on states in industrialist countries, this dissertation presents an innovative theoretical approach. It deeply explores primary case materials to illustrate how the state engages in policy evolution in a developing country's gradual shift from the (...) import substitution model towards globalization and deregulation. The central argument posited is that Bangladesh's globalization, particularly through its private sector-led garment exports, stands as a significant success story. Bangladesh is now the world's second-largest garment exporter after China. This achievement is attributed to the entrepreneurial development it fosters and its role in driving socio-economic change. Moreover, it has enabled the mobilization of resources, reducing aid dependence, enhancing climate resilience, improving public health and wellbeing, empowering women, and addressing critical needs in physical infrastructure and human development. The argument presented here diverges from the conventional explanation found in the literature, which tends to emphasize the role of external forces, particularly institutions like the World Bank, the International Monetary Fund, and donors, in triggering policy reforms in Bangladesh. These reforms, commonly linked with structural adjustment packages implemented during the balance of payments crisis, are frequently perceived as predominantly influenced by external pressures. Additionally, the influence of the business class or Bangladeshi non-governmental organizations (NGOs) is often asserted. This dissertation proposes an alternative explanation by suggesting that ideational viewpoints within the state, specifically the ideas espoused by top technocrats and political executives, played a significant role. It argues that these internal ideational factors were more influential than materialistic ones, highlighting the causal role of the policy process driven by endogenous imperatives. The introduction of the dissertation addresses the research problem and research puzzle while suggesting conjectures after problematizing existing arguments. The significant economic transformation observed in Bangladesh today is portrayed as the outcome of a gradual process spanning several decades. The transition towards promoting the private sector and embracing globalization commenced in 1991, following a series of incremental changes dating back to the 1970s and 1980s. During these periods, the institutional path progressed towards empowering the private sector and embracing globalization, laying the groundwork for a trajectory led by the private sector in the context of globalization. The theory chapter serves to establish the conceptual and theoretical foundation for analyzing both economic change and transformation by examining the evolutionary nature of the process. The study adopts an institutional change framework, drawing on the theory of gradual change and focusing on concepts such as layering and tipping points. Within this framework, causal variables such as powering and puzzling, social learning, and ideas are identified. The methodological approach is grounded in historical institutionalism, employing the process-tracing "within case" method. The selection of cases deliberately targets an important yet under-researched area—the policy process in Bangladesh concerning the success of garment-led industrialization. This dissertation fills a noticeable gap in the literature through rigorous analysis, enabling an in-depth exploration of the institutional dynamics spanning four governments from 1972 to 1991. The study relies on substantial primary materials, including interviews with key officials. Each empirical chapter not only presents data but also connects the findings to conceptual and theoretical conjectures, underscoring the significant contributions of this research. The key causal variables identified include the concepts of ‘puzzling’ and ‘social learning’ within the state capacity framework, along with a narrowly defined and developed concept of a "policy committee." The learning process entails technocrats engaging in what Hugh Heclo and Peter Hall term as "social learning," where they play a crucial role in addressing policy challenges, particularly during times of uncertainty and political turmoil, based on their learning from past experiences. Additionally, the concept of ‘powering’ is highlighted, emphasizing that while technocrats provide policy recommendations, it is ultimately the political executive who endorses policies. The interplay between ‘puzzling and powering’ and ‘social learning’ shapes the outcomes of the policy process. The first empirical chapter focusing on the Sheikh Mujibur Rahman Government (1972-1975) illustrates the emergence of policy learning during this period. Initially, this government pursued import substitution under strict government controls, with a predominant public sector. The historical context of exploitation under Pakistani rule and the centralization of industry by West Pakistan fostered socialism as an ideal for East Pakistan's economic emancipation. Additionally, close ties with India and the Soviet Union reinforced this socialist tendency. However, due to severe economic conditions resulting from stringent control on private investment and emphasis on large-scale public investment, policy puzzling and learning ensued. As a result, incremental changes were initiated, allowing limited private sector participation. The second empirical chapter explores the General Ziaur Rahman government's tenure (1975-1981) and how deregulation was consolidated within a layering step, paving the way for a shift towards globalization. General Zia and his technocrats, operating under authoritarian conditions, acknowledged the inefficacy of existing policies. Furthermore, General Zia's inclination towards the West fostered closer collaboration with donors. The Multifiber Agreement (MFA) presented an opportunity for garments, coinciding with the decline in jute exports. This government opened up industrial sectors for private participation, and banks provided funding across various sectors, with special emphasis on the burgeoning garment industry. The chapter also explores the origins of the garment industry during this period. Notably, Noorul Quader Khan, upon retiring as cabinet secretary, collaborated with a Korean multinational, Daewoo, with the support of General Zia, leading to the establishment of Desh Garments—a pioneering venture that catalyzed the export orientation of the sector. The third empirical chapter delves into the economic policies of the General Hussain Muhammad Ershad Government (1982-1990), highlighting its emphasis on greater private sector involvement. Under this administration, there was a political inclination towards globalization and deregulation, leading to the appointment of technocrats aligned with this vision. The leadership believed that promoting the private sector would be more effective in job creation. Despite facing significant political opposition, efforts towards disinvestment were made, eventually resulting in compromises like public-private partnerships. The decentralization of administration and restructuring of ministries aimed at promoting industrialization and economic globalization driven by the private sector at the regional level. Initiatives such as the Industrial Promotion and Development Company, with support from organizations like the International Finance Corporation, aimed to boost the private sector. Efforts towards globalization were synchronized with the establishment of an export processing zone in Chittagong, focusing on promoting private and foreign investment. Foreign investment promotion was encouraged through diplomatic efforts and legislative measures to safeguard investors. Currency devaluation was utilized to stimulate exports, along with some degree of import liberalization. The chapter convincingly argues that the groundwork for globalization, initiated under General Zia, came to fruition under General Ershad. The final empirical chapter contends that the system shifted towards globalization and deregulation in 1991. Although a severe balance of payments crisis occurred in 1989, it wasn't perceived as the sole cause of the industrial policy of 1991. The democratic uprising in 1990 led to the downfall of the military-backed government and the rise of a democratic government. The chapter argues that while economic and political changes may have been intertwined, the economic shift in 1991 was primarily driven by ideas within the state and driven by endogenous imperatives. It examines preceding periods to illustrate how the tipping mechanism might have operated, detailing the roles of top technocrats and political executives. The chapter provides insights into key policymakers and their ideas, as well as their interactions with industrialists, entrepreneurs, and representatives of multilateral organizations like the World Bank. Significant reform measures, including tariff reduction, the introduction of value-added tax, banking sector reform, and the adoption of floating exchange rates, are outcomes of the policy change. Additionally, sectors such as power, banks, and telecommunications, formerly monopolized by the public sector, are now deregulated. (shrink)

This essay from 1999, republished in Notre Dame Magazine online in July 2023, explores how the 1950s were a time of fundamental transformations in American society, a time when the United States went fully megatechnic. The hugely increased power of military, corporate-industrial and “big science” institutions developed during the 1950s signaled the transformation to megatechnic America, with atomic bombs and nuclear testing, automobiles and televisions as key symbols of that transformation. Figures such as J. Robert Oppenheimer and Edward (...) Teller illustrated the battle between national security dictates controlling nuclear bomb testing and responsible science. -/- Since the Second World War the United States has been problematically guided by a power-oriented culture, which, in the names of national security and convenience, has tended to reshape America toward an increasingly hierarchical model of society based on the system requirements of a machine. This same era gave birth to a generalized economic prosperity in the United States, to the civil rights movement, to feminism, literary and artistic innovations, and to other openings of public equality and freedom. Yet the magnification of bureaucratic-corporate structures in that postwar, cold war prosperity has ultimately tended to restructure America against the basic requirements of democratic community. (shrink)

This essay proposes a new interpretation of a central, and yet overlooked, argument Leibniz offers against Descartes’s power-free ontology of the corporeal world. Appealing to considerations about the successiveness of motion, Leibniz attempts to show that the reality of motion requires force. It is often assumed that the argument is driven by concerns inspired by Zeno. Against such a reading, this essay contends that Leibniz’s argument is instead best understood against the background of an Aristotelian view of the priority (...) of real being over time. The essay also shows how this alternative interpretation can help to shed new light on the difference between Leibnizian forces and Aristotelian powers, as well as on Leibniz’s famous claim that accounting for force leads us beyond the mechanistic corporeal realm. (shrink)

The online dating application has in recent years become a major avenue for meeting potential partners. But while the digital public sphere has gained the attention of political philosophers, a systematic normative evaluation of issues arising in the ‘digital sexual sphere’ is lacking. I provide a philosophical framework for assessing dating app corporation conduct, capturing why people use these apps and their experience so often is unsatisfactory. Identifying dating apps as agents intervening in a social institution necessary for the reproduction (...) of society, with immense power over people's lives, I ask if they exercise their power in line with individuals’ interests. Acknowledging that people have claims to non-interference, equal standing, and choice improvement relating to intimacy, I find that the traditional, non-digital, sexual sphere poses problems to their realisation, especially for sexual minorities. In this context, apps’ potential for justice in the sexual sphere is immense, but unfulfilled. (shrink)

As a way of identifying factors that come into play in determining responsibility for displaced workers, author reviews a number of well known arguments for or against responsibility on the part of diverse actors in society. Key figures in this search for responsibility are corporations, unions, and government. No definitive responsibility is asserted.

This article introduces a strategic decision-game theoretic approach, the Pardoner’s Dilemma, and juxtaposes it with the Prisoner’s Dilemma. Game theory has emerged as a significant approach in the twentieth century for explaining strategic decision-making in numerous arenas, including economics, business, politics, ethics, international relations, biology, law, and war studies. ‘Game theory’ explains how and why players/actors/agents cooperate or conflict to procure their self-interests in a social world. Life is a game, and human, corporate, and artificial intelligent agents are players (...) who play different games to maximise utility or minimise disutility. The Prisoner’s Dilemma is a promising game-theoretic approach that explains strategic decision-making in zero-sum and non-zero-sum games. ‘Strategic decision-making’ means that the outcome does not depend upon the actions of a player but upon all players. There are numerous essential game strategies, including tossing, negotiation, bargaining, balloting, competition, chance, power, and arbitration. Although the Prisoner’s Dilemma is a good game-theoretic approach, it does not allow players to use the key game strategies. In contrast, Pardoner’s Dilemma is a game theoretic approach that not only explains zero-sum and non-zero-sum games but also allows the players to use different game strategies, such as negotiation, bargaining, tossing, chance, balloting, competition, arbitration, and power. The article develops and defends the Pardoner’s Dilemma in the game-theoretic approach as an alternative to the Prisoner’s Dilemma. The article claims that the Pardoner’s Dilemma is a more promising approach than the Prisoner’s Dilemma in the decision-game theoretic framework. By introducing the Pardoner’s Dilemma, the article enhances the scope of decision/game theory in social sciences. (shrink)

As the geopolitical superpowers race to regulate the digital realm, their divergent rights-centered, market-driven, and social-control-based approaches require a global compact on digital regulation. If diverse regulatory jurisdictions remain, forms of domination entailed by cultural imposition and hermeneutical injustice related to AI legislation and AI systems will follow. We argue for consensual regulation on shared substantive issues, accompanied by proper standardization and coordination. Failure to attain consensus will fragment global digital regulation, enable regulatory capture by authoritarian powers or bad (...) class='Hi'>corporate actors, and deepen the historical geopolitical power asymmetries between the global South and the global North. To prevent an unjust regulatory landscape where the global South’s cultural and hermeneutic resources are absent, two principles for the Global Digital Compact to counter these prospective harms are proposed and discussed: (1) “recognitive consensus on key substantive benefits and harms” and (2) “procedural consensus on global coordination and essential standards.”. (shrink)

John Rawls claims that public reasoning is the reasoning of ‘equal citizens who as a corporate body impose rules on one another backed by sanctions of state power’. Drawing on an amended version of Michael Bratman’s theory of shared intentions, I flesh out this claim by developing the ‘civic people’ account of public reason. Citizens realize ‘full’ political autonomy as members of a civic people. Full political autonomy, though, cannot be realised by citizens in societies governed by a (...) ‘constrained proceduralist’ account of democratic self-government, or the ‘convergence’ account of public justification formulated recently by Gerald Gaus and Kevin Vallier. (shrink)

If business requires ethical solutions that are viable in the liminal landscape between concepts and corporate office, then business ethics and corporate social responsibility should offer tools that can survive the trek, that flourish in this well-traveled, but often unarticulated, environment. Indeed, feminist ethics produces, accesses, and engages such tools. However, work in BE and CSR consistently conflates feminist ethics and feminine ethics and care ethics. I offer clarification and invoke the analytic power of three feminist ethicists (...) 'in action' whose investigations into the "grey zones" of harms; identity and representational conventions; and "asymmetrical reciprocity" harmonize with business ethics' requirements. (shrink)

Our understanding of body–world relations is caught in a curious contradiction. On one side, it is well established that many concepts that describe interaction with the outer world – ‘plasticity’ or ‘metabolism’- or external influences on the body - ‘environment’ or ‘milieu’ – appeared with the rise of modern science. On the other side, although premodern science lacked a unifying term for it, an anxious attentiveness to the power of ‘environmental factors’ in shaping physical and moral traits held sway (...) in nearly all medical systems before and alongside modern Europe. In this article, I build on a new historiography on the policing of bodies and environments in medieval times and at the urban scale to problematize Foucault’s claim about biopolitics as a modern phenomenon born in the European eighteenth-century. I look in particular at the collective usage of ancient medicine and manipulation of the milieu based on humoralist notions of corporeal permeability (Hippocrates, Galen, Ibn Sīnā) in the Islamicate and Latin Christendom between the 12th and the 15th century. This longer history has implications also for a richer genealogy of contemporary tropes of plasticity, permeability and environmental determinism beyond usual genealogies that take as a starting point the making of the modern body and EuroAmerican biomedicine. (shrink)

Many liberal egalitarians argue that workers today are subjected to the authority of their bosses and that justice demands that the employment relationship be reformed. But why? What is unjust is not subjection to authority as such but subjection without adequate justification. In this article, I argue that the justificatory demand raised by subjection to workplace authority has not been well understood, primarily because the nature of the subjection itself has been misunderstood. According to the standard view, workplace subjection consists (...) in the fact that managers issue orders backed by sanctions. I challenge this view by reconstructing the libertarian-economic theory of the firm, which construes managerial authority simply as a division of labor. I propose an alternative account, according to which workplace subjection consists in living under a society-wide arrangement that compels most workers to work under a boss. My argument reorients theorizing about justice at work from a narrow focus on corporate governance towards a broader theory of a just social system, incorporating the role of the state, class, the power of investors, and the social purpose of labor. (shrink)

Political liberals assume an accessibility requirement, which means that, for ensuring civic respect and non-manipulation, public officials should offer accessible reasons during political advocacy. Recently, critics have offered two arguments to show that the accessibility requirement is unnecessary. The first is the pluralism argument: Given the pluralism in evaluative standards, when officials offer non-accessible reasons, they are not disrespectful because they may merely try to reveal their strongest reason. The second is the honesty argument: As long as officials honestly confess (...) their beliefs after offering non-accessible reasons, disrespect and non-manipulation do not occur. This paper defends the accessibility requirement and asserts that these two arguments overlook a unique feature of the political domain. While all citizens collectively own political power as a corporate body, an official does not privately own her political power. Instead, she is a trustee who has a duty to act on behalf of the corporate body, that is, she has to make decisions on grounds that are accessible to others. This duty explains why, despite pluralism, the accessibility requirement is necessary. Moreover, given that political decisions are profoundly influential to each person, requiring people to be honest is ineffective in discouraging disrespectful and manipulative acts. (shrink)

Whilst in recent years sports studies have addressed the calls ‘to bring the body back in’ to theorisations of sport and physical activity, the ‘promise of phenomenology’ remains largely under-realised with regard to sporting embodiment. Relatively few accounts are grounded in the ‘flesh’ of the lived sporting body, and phenomenology offers a powerful framework for such analysis. A wide-ranging, multi-stranded, and interpretatively contested perspective, phenomenology in general has been taken up and utilised in very different ways within different disciplinary fields. (...) The purpose of this article is to consider some selected phenomenological threads, key qualities of the phenomenological method, and the potential for existentialist phenomenology in particular to contribute fresh perspectives to the sociological study of embodiment in sport and exercise. It offers one way to convey the ‘essences’, corporeal immediacy and textured sensuosity of the lived sporting body. The use of Interpretative Phenomenological Analysis (IPA) is also critically addressed. Key words: phenomenology; existentialist phenomenology; interpretative phenomenological analysis (IPA); sporting embodiment; the lived-body; Merleau-Ponty. (shrink)

The case for an unprecedented penetration of life mechanisms into the politics of Western modernity has been a cornerstone of 20th-century social theory. Working with and beyond Foucault, this article challenges established views about the history of biopower by focusing on ancient medical writings and practices of corporeal permeability. Through an analysis of three Roman institutions: a) bathing; b) urban architecture; and c) the military, it shows that technologies aimed at fostering and regulating life did exist in classical antiquity at (...) the population scale. The article highlights zones of indistinction between natural and political processes, zoē and bíos, that are not captured by a view of destructive incorporation of or over life by sovereign power. In conclusion, the article discusses the theoretical potential of this historical evidence for contemporary debates on ‘affirmative biopolitics’ and ‘environmental biopower’. (shrink)