Fictitious persons and real responsibilities

Journal of Business Ethics 14 (9):761 - 767 (1995)
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Abstract

I believe that corporations should be held responsible for their actions. Traditional discussions about the moral responsibility of an organization have relied on a model of criminal intent. Demonstrating intent demands that we find a moral agent capable of intending, and this has led to problems. Here I replace the analysis based on criminal law by one based on tort law. Under this framework I suggest that corporations can be held responsible for the harms caused by their activities even if no person or persons in their decision making structure had formed malicious intent, since the sheer fact that the corporate environment encouraged or allowed negligence will be sufficient.

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References found in this work

The Concept of Mind.Gilbert Ryle - 1950 - British Journal for the Philosophy of Science 1 (4):328-332.
The Corporation as a Moral Person.Peter A. French - 1979 - American Philosophical Quarterly 16 (3):207 - 215.
Corporations and Morality.Thomas Donaldson - 1982 - Journal of Business Ethics 1 (3):251-253.
Ethical Issues in Business: A Philosophical Approach.Thomas Donaldson & Patricia Hogue Werhane (eds.) - 2002 - Upper Saddle River, N.J.: Pearson/Prentice Hall.

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