Corporate Punishment: A Proposal is an exercise in logic and creative thinking. I shall argue that no good reasons exist for the supposition that corporations have rights independent of the rights and interests of the persons they serve and that the error of treating corporations as though they do have autonomous rights derives from a sloppy argument from analogy. I shall further argue that the analogy of corporations to citizens, though pushed too far by some courts and lawmakers, remains a (...) useful analogy if its logical relations can be cleaned up and clarified. Finally, I shall conclude this essay by employing the refurbished analogy in such a way that it yields a proposal for more effective criminal punishment for corporate wrongdoing. (shrink)

Despite some exceptions, the business ethics literature on the moral responsibility of corporations does not emphasize a subject critical to that inquiry: the general nature of corporations. This article attempts to lessen the imbalance by describing three conceptions of the corporation that have been prominent in twentieth century legal theorizing, and by sketching their implications for the moral responsibility of corporations. These three conceptions, at least two of which have counterparts in the philosophical and organizational theory literature, are the concession, (...) aggregate, and real entity theories. The article concludes that the real entity theory is the most plausible of the lot. At least under prevailing tests of moral responsibility, it then contends, corporations-as-real-entities are morally responsible for most of their members' actions. (shrink)

The debate over corporate moral responsibility has become a fixture in business ethics research and teaching. Only rarely, however, does the sizable literature on that question consider whether the debate has important practical implications. This article examines that question from a corporate control perspective. After assuming corporate moral responsibility’s existence for purposes of argument, the article concludes that such responsibility makes a difference in cases where it is present but personal responsibility is absent. Then the article tries to identify the (...) forces that diminish personal responsibility when corporate responsibility exists. The most important such forces, it concludes, spring from the socialization processes people undergo when they enter groups. One example is the well-known phenomenon of groupthink, which can exculpate individuals by rendering them justifiably ignorant of foreseeable risks of harm. (shrink)

The paper has two parts. The first considers the debate about whether social entities should be regarded as obiects distinct from their members and concludes that we should let the answer to this question be determined by the theories that social science finds to have the most explanatory power. The second part argues that even if the theory with the most explanatory power regards social entities such as organizations as persons in their own right, we should not accord them citizenship (...) in the moral realm. Rather we should accept moral individualism, the thesis that only individual humans can have rights and duties.The moral status of corporations and other organizations is often thought to depend on their ontological status. In particular, it is thought to depend on whether they can be said to exist as distinct entities, and especially as persons distinct from the individuals who are their members. In this article Iargue that the two questions are actually independent of each other. No matter what the ontological status of organizations, they should not be accorded citizenship in the moral realm in their own right. (shrink)

Ethicists and legal theorists have proposed models of corporate culpability that shift the standard of guilt determination from vicariousattribution of individual action and intention to an assessment of culture, policies, as well as organizational action and inaction. This paper briefly reviews four prominent models of corporate culpability, arguing that each makes claims that extend well beyond the limits of existing law. As an alternative to these models, a constructive corporate fault is described that relies on both objective and subjective reasonableness (...) judgments. The paper concludes with a consideration of constructive corporate fault in relation to an Accountability model of corporate liability. (shrink)

Abstract:This paper explores an ontological approach to the issue of whether corporations, like individuals, are morally responsible for their actions. More specifically, we investigate the identity of organizations relative to the individuals that compose them. Based on general systems theory, the traditional assumption is that social collectives are more complex, variable, and loosely coupled than individuals. This assumption rests on two premises. The first is a view of the individual as simple, stable, and tightly coupled (i.e., unitary). The second premise (...) is that the relationship between social collectives and their members is characterized by the complete inclusion of individuals in higher order systems.We examine the social science literature that bears on these premises and conclude that they are false. The differences between organizations and individuals in the magnitude of complexity or variability appear to be minimal or nonexistent. An implication of our analysis is that individuals and organizations are coterminous and, therefore, inseparable as moral agents. (shrink)

Philosophers constantly discuss Responsibility. Yet in every discussion of which I am aware, a rather obvious point is ignored. The obvious point is that responsibility is ascribed to collectives, as well as to individual persons. Blaming attitudes are held towards collectives as well as towards individuals. Responsibility is often ascribed to nations, towns, clubs, groups, teams, and married couples. ‘Germany was responsible for the Second World War’; ‘The club as a whole is to blame for being relegated’. Such statements are (...) not rare. (shrink)

Within a year of each other, three one-volume general dictionaries of philosophy have recently appeared; when our future colleagues in philosophy look back on the 1990s they may well think of it as the decade of reference works. But however productive these years may prove to be in this genre, clearly visible somewhere around the top of the heap will be this handy, useful, entertaining, and instructive contribution from Simon Blackburn. Its two immediate competitors are the Cambridge Dictionary of Philosophy, (...) edited by Robert Audi, and the Oxford Companion to Philosophy, edited by Ted Honderich. No detailed comparison will be attempted here, but two points stand out as obviously giving Blackburn’s dictionary a rather different use and flavor from the others: while containing a closely comparable number of entries, it is distinctly shorter and handier in format; and it has all been written by a single author. (shrink)

An account of the ontological nature of collectives would be useful for several reasons. A successful theory would help to show us a route through the thicket of views known as “methodological individualism”. It would have a bearing on the plausibility of legal positivism. It would be relevant to the question whether collectives are capable of acting. The debate about the ontology of collectives is therefore important for such fields as the theory of action, social and political philosophy, the philosophy (...) of law and the philosophy of social science. I hope to contribute to the debate by proposing an account of collectives, and by showing its theoretical soundness and utility. In its essentials, my proposal is that collectives are “mereological sums” of “stages” of persons linked by a “unity relation”. The influence on this account of some theories of personal identity will perhaps be obvious. But the motivation is different, for it lies at least as much in the ability of the theory to help us deal with the issues already mentioned as in problems concerning the identity of collectives over time. I acknowledge that my proposal is not commonsensical; however, I believe that no account could be both commonsensical and adequate. I will begin by introducing some constraints on a theory of collectives. (shrink)

What is Functionalism? Functionalism is one of the major proposals that have been offered as solutions to the mind/body problem. Solutions to the mind/body problem usually try to answer questions such as: What is the ultimate nature of the mental? At the most general level, what makes a mental state mental? Or more specifically, What do thoughts have in common in virtue of which they are thoughts? That is, what makes a thought a thought? What makes a pain a pain? (...) Cartesian Dualism said the ultimate nature of the mental was to be found in a special mental substance. Behaviorism identified mental states with behavioral dispositions; physicalism in its most influential version identifies mental states with brain states. Functionalism says that mental states are constituted by their causal relations to one another and to sensory inputs and behavioral outputs. Functionalism is one of the major theoretical developments of Twentieth Century analytic philosophy, and provides the conceptual underpinnings of much work in cognitive science. (shrink)