Abstract
Should we conceive of corporations as entities to which moral responsibility can be attributed? This contribution presents what we will call a political account of corporate moral responsibility. We argue that in modern, liberal democratic societies, there is an underlying political need to attribute greater levels of moral responsibility to corporations. Corporate moral responsibility is essential to the maintenance of social coordination that both advances social welfare and protects citizens’ moral entitlements. This political account posits a special capacity of self-governance that corporations can intelligibly be said to possess. Corporations can be said to be “administrators of duty” in that they can voluntarily incorporate moral principles into their decision-making processes about how to conduct business. This account supplements and partly transforms earlier pragmatic accounts of corporate moral responsibility by disentangling responsibility from its conventional linkages with accountability, blame and punishment. It thereby represents a distinctive way to defend corporate moral responsibility and shows how Kantian thinking can be helpful in disentangling the problems surrounding the concept.
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Notes
Our interest in this paper lies with the possibility of attributing moral responsibility to the corporation. The corporation is often interpreted as just another type of collective actor. Philip Pettit (2001: 104–125) is a case in point. In his discussion on the subject he speaks in a general way about “collectivities” and “(social) groups.” Larry May (1987) is another example. He speaks of “collectivities” in a general sense. We conceive of the corporation as a very special collective actor. Because of the special nature of the corporation, the issue of corporate moral responsibility must be taken out of the general discussion on collective moral responsibility. There may be solutions possible in relation to the specific problem of corporate moral responsibility that are not possible in the general discussion on collective moral agency. Hence, we disagree with authors, including Geoff Moore (1999: 329), who state that: “[I]t should be remembered that much of what is said (about moral responsibility of corporations) could be applied equally to collectives in general.”
It can thus be distinguished from the more common debate on “corporate social responsibility” (CSR). That addresses the subsequent question which substantive moral duties we ought to bestow upon the corporation.
We were inspired in our project by Strawson’s (1962) claim that in philosophical debates the basic facts (of human understanding and human society) sometimes get “overintellectualized”. Some parts of the web of human attitudes and feelings are given and neither call for nor permit external “rational” justifications. We take as a basic fact that in common life corporations are conceived of as different from humans. Nobody falls in love with a corporation and we do not speak of corporations “dying”. But we also take as basic facts that there is indeed a political need to attribute moral responsibility to the corporation and that many in today’s culture find it quite natural to speak of the corporation as if it were a moral agent of some sort. We have tried to avoid looking at these facts as incompatible and instead take the possibility of their compatibility as a challenge. Is it possible to construct an interpretation of moral responsibility that allows us to give a meaningful interpretation to the concept of corporate moral responsibility while at the same time acknowledging that there are indeed serious ontological differences between humans and corporations?
Criminal punishment of corporations typically takes the form of fines or other financial penalties. This is instructive in its own right, for it more closely resembles the way that civil judgments are rendered against individuals rather than the way that criminal judgments are rendered against individuals. This may speak against the very idea of criminally punishing corporations but we leave this matter aside in this discussion (see Wolf 1985).
The relation between decision-making and action is actually quite complex within Kantian thought. In this paper we assume that Kant’s morality is only about decision-making. This is not untrue in the sense that in the Kantian view the core of morality is indeed about decision-making. Still, Kant also maintains that we must distinguish between morality in the narrow sense and morality in the wider sense. Morality in the wider sense includes the category of Right, which is, strictly speaking, only about action.
References
Arnold DG (2003) Libertarian theories of the corporation and global capitalism. J Bus Ethics 48:155–173
Arnold DG (2006) Corporate moral agency. Midwest Stud Philos 30:279–291
Baynes K (1992) The normative grounds of social criticism: Kant, Rawls and Habermas. SUNY, Albany
Bijker WE, Law J (eds) (1992) Shaping technology/building society. Studies in sociotechnical change. MIT Press, Cambridge Mass
Boatright JM (2008) Individual responsibility in the American corporate system: does Sarbanes-Oxley strike the right balance? In: Beauchamp T, Bowie N, Arnold D (eds) Ethical theory and business, 8th edn. Pearson Prentice Hall, Upper Saddle River, pp 373–387
Bovens M (1998) The quest for responsibility: accountability and citizenship in complex organizations. Cambridge University Press, Cambridge
Bowie NE (1994) French for the masses. Bus Ethics Q 4:513–517
Bratman ME (2004) Three theories of self-governance. Philos Top 32(1–2):21–46
Coffee JC (1981) “No soul to damn, no body to kick”: an unscandalized inquiry into the problem of corporate punishment. Mich Law Rev 79:386–459
Coleman J (1990) Foundations of social theory. Belknap, Cambridge
Danley J (1999) Corporate moral agency. In: Frederick RE (ed) A companion to business ethics. Cambridge University Press, Cambridge, pp 243–256
De George RT (1981/1991) Ethical responsibilities of engineers in large organizations: the Pinto Case. In: May L, Hoffman S (eds) Five decades of debate in theoretical and applied ethics. Rowman and Littlefield, Lanham, pp 151–166
Donaldson T (1982) Corporations and morality. Prentice Hall, Englewood Cliffs
Dubbink W (2003) Assisting the invisible hand. Contested relations between market, state and civil society. Issues in business ethics. Springer, Dordrecht
Fischer JM, Ravizzo M (1998) Responsibility and control: a theory of moral responsibility. Cornell University Press, Ithaca
Frankfurt H (1986) Freedom of the will and the concept of the person. In: Fischer JM (ed) Moral responsibility. Cornell University Press, Ithaca, pp 65–81
French PA (1972a) Individual and collective responsibility: the massacre at My Lai. Schenkman, Cambridge
French PA (1972b) The responsibility of monsters and their makers. In: French PA (ed) Individual and collective responsibility. The massacre at My Lai. Schenkman, Cambridge, pp 1–15
French PA (1979/1991) The corporation as a moral person. In: May L, Hoffman S (eds) Five decades of debate in theoretical and applied ethics. Rowman and Littlefield, Lanham, pp 133–150
French PA (1984) Collective and corporate responsibility. Columbia University Press, New York
French PA (1992) Responsibility matters. University Press of Kansas, Lawrence
French PA (1995) Corporate ethics. Harcourt Brace College Publishers, Fort Worth
French PA (1996) Integrity, intentions, and corporations. Am Bus Law J 34:141–155
Gilbert M (2006) Who’s to blame? collective moral responsibility and its implications for group members. Midwest Stud Philos 30:94–114
Goodpaster K (1983) Morality and organizations. In: Donaldson T, Werhane P (eds) Ethical issues in business. Prentice Hall, Englewood Cliffs, pp 137–145
Goodpaster K (2007) Conscience and corporate culture. Blackwell, Malden
Guyer P (2000) Moral worth, virtue, and merit. In: Guyer P (ed) Kant on freedom, law and happiness. Cambridge University Press, Cambridge, pp 287–332
Guyer P (2006) Kant. Routledge, London
Habermas J (1981) Theorie des kommunikativen handelns, two volumes. Suhrkamp, Frankfurt am Main
Habermas J (1990) Moral consciousness and communicative action, trans Lenhardt C, Nicholsen, SW. MIT, Cambridge
Hart HL (1968) Punishment and responsibility. Oxford University Press, New York
Herman B (1993) The practice of moral judgment. Harvard University Press, Cambridge
Kant I (1785/1911) Grundlegung zur Metaphysik der Sitten Immanuel Kants Schriften IV. Gruyter, Berlin
Kant I (1797/1991) The metaphysics of morals, trans Gregor, M. Cambridge University Press, Cambridge
Keeley M (1988) A social contract theory of organizations. University of Notre Dame Press, Notre Dame
Kooiman J (1993) Governance and governability: using complexity, dynamics and diversity. In: Kooiman J (ed) Modern governance. New government—society interactions. Sage, London, pp 35–50
Korsgaard CM (1996) The sources of normativity. Cambridge University Press, Cambridge
Korsgaard CM (2009) Self-constitution. Agency, identity and integrity. Oxford University Press, Oxford
Ladd J (1970) Morality and the ideal of rationality in formal organizations. Monist 54(4):488–516
Laufer WS (1996) Corporate culpability and the limits of law. Bus Ethics Q 6:311–324
Lindblom CE (1977) Politics and markets: the world’s political-economic systems. Basic Books, New York
MacLagan P (1998) Management and morality: a developmental perspective. Sage, London
May L (1987) The morality of groups: collective responsibility, group-based harm, and corporate rights. University of Notre Dame Press, Notre Dame
McMahon C (1994) Authority and democracy: a general theory of government and management. Princeton University Press, Princeton
Maus I (1986) Verrechtlichung, Entrechtlichung und der Funktionswandel von Institutionen. In: Maus I (ed) Rechtstheorie und politische Theorie im Industriekapitalismus. Fink Verlag, München, pp 277–331
McMahon C (1995a) A political theory of organizations and business ethics. Philos Public Aff 24:292–311
McMahon C (1995b) The ontological and moral status of organizations. Bus Ethics Q 5:541–555
Moore G (1999) Corporate moral agency: review and implications. J Bus Ethics 21:329–343
Nelkin D (2007) Do we have a coherent set of intuitions about moral responsibility? Midwest Stud Philos 31:243–259
Offe C (1979) >Unregierbarkeit< In: Habermas J (ed) Stichworte zur 'geistigen Situation der Zeit'. Band I. Suhrkamp, Frankfurt aM., 294–318
Offe C (1985) The divergent rationalities of administrative action. In: Offe C, Keane J (eds) Disorganized capitalism. Contemporary transformations of work and politics. Polity Press, Cambridge: 300–316
O’Neill O (1997) Instituting principles: between duty and action. South J Philos 35(supp):79–96
O’Neill O (2001) Practical principles and practical judgment. Hastings Cent Rep 31:15–23
Perrow C (1972) Complex organizations: a critical essay. Scott, Foresman and Company, Glenview
Pettit P (2001) A theory of freedom: from the psychology to the politics of agency. Polity, Cambridge
Pettit P (2007) Responsibility incorporated. Ethics 117:171–201
Philips MJ (1995) Corporate moral responsibility: when it might matter. Bus Ethics Q 5:555–576
Pippin RB (2006) Mine and Thine? The Kantian State. In: Guyer P (ed) The Cambridge companion to Kant and modern philosophy. Cambridge University Press, Cambridge, 416–446
Pressman JL, Wildavski AB (1973) Implementation: how great expectations in Washington are dashed in Oakland. University of California Press, Berkeley
Rawls J (1993) Political liberalism. Columbia University Press, New York
Reath A (1997a) Legislating for a realm of ends: the social dimension of autonomy. In: Reath A, Herman B, Korsgaard CM (eds) Reclaiming the history of ethics: essays for John Rawls. Cambridge University Press, Cambridge, pp 214–239
Reath A (1997b) Self-legislation and duties to oneself. The Southern Journal of Philosophy. XXXVI/Supplement, xx-xx
Rivera F (2006) Kantian ethical duties. Kantian Review XI: 78–101
Scanlon TM (1998) What we owe to each other. Harvard University Press, Cambridge
Scherer A, Palazzo G, Baumann D (2006) Global rules and private actors: toward a new role of the transnational corporation in global governance. Bus Ethics Q 16:505–532
Scott WR (1981/1998) Organizations: rational, natural and open systems, 4th edn. Prentice Hall, Upper Saddle River
Skolnick JH (1968) Coercion to virtue. South Calif Law Rev 41:588–641
Smith JD (2005) Moral markets and moral managers revisited. J Bus Ethics 61:129–141
Solomon RC (2003) Victims of circumstances? A defense of virtue ethics in business. Bus Ethics Q 13:43–62
Stone CD (1975) Where the law ends: the social control of corporate behaviour. Harper and Row, New York
Strawson PF (1962) Freedom and resentment. Proc Br Acad 48:1–25
Thompson D (2005) Restoring responsibility: ethics in government, business and healthcare. Cambridge University Press, Cambridge
van Hees M (2003) Voluntariness, suffering and euthanasia. Philos Explor 6:50–64
Velasquez M (1983/1991) Why corporations are not morally responsible for anything they do. In: May L, Hoffman S (eds) Five decades of debate in theoretical and applied ethics. Rowman and Littlefield, Lanham, pp 111–131
Velasquez M (2003) Debunking moral responsibility. Bus Ethics Q 13:531–562
Weale A (1992) The new politics of pollution. Manchester University Press, Manchester
Werhane PH (1985) Persons, rights and corporations. Prentice Hall, Englewood Cliffs
Wolf S (1985) The legal and moral responsibility of organizations. Nomos 27:267–286
Wood AW (1999) Kant's ethical thought. Cambridge University Press, Cambridge
Wood A (2002) The final form of Kant’s practical philosophy. In: Timmons M (ed) Kant’s metaphysics of morals: interpretative essays. Oxford University Press, Oxford, pp 1–21
Yeager PC (1991) The limits of law: the public regulation of private pollution. Cambridge University Press, Cambridge
Young IM (2002) Inclusion and democracy. Oxford University Press, Oxford
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We like to thank two anonymous reviewers as well as Norman Bowie, Herman van Erp, Martin van Hees, Robert Heeger, Frank Hindriks, Luc van Liedekerke, Donald Loose, Maureen Sie and Bert van de Ven for their advice on earlier versions of this essay.
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Dubbink, W., Smith, J. A Political Account of Corporate Moral Responsibility. Ethic Theory Moral Prac 14, 223–246 (2011). https://doi.org/10.1007/s10677-010-9235-x
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DOI: https://doi.org/10.1007/s10677-010-9235-x