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- Peter A. French (1984). The Principle of Responsive Adjustment in Corporate Moral Responsibility: The Crash on Mount Erebus. Journal of Business Ethics 3 (2):101 - 111.The tragic crash of Air New Zealand's flight TE-901 into Mt. Erebus in Antarctica provides a fascinating case for the exploration of the notion of corporate moral responsibility. A principle of accountability that has Aristotelian roots and is significantly different from the usual strict intentional action principles is examined and defined. That principle maintains that a person can be held morally accountable for previous non-intentional behavior that has harmful effects if the person does not take corrective measures to adjust his ways of behavior so as not to produce repetitions. This principle is then applied to the Mt. Erebus disaster.
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In his classic paper, "The Principle of Alternate Possibilities," Harry Frankfurt presented counterexamples to the principle named in his title: A person is morally responsible for what he has done only if he could have done otherwise. He went on to argue that the falsity of the Principle of Alternate Possibilities (PAP) implied that the debate between the "compatibilists" and the "incompatibilists" (as regards determinism and the ability to do otherwise) did not have the significance that both parties had attributed to it - since moral responsibility could exist even if no one was able to do otherwise. I have argued that even if PAP is false, there are other principles that imply that moral responsibility entails the ability to do otherwise, and that these principles are immune to "Frankfurt-style" counterexamples. Frankfurt has attempted to show that my arguments for this conclusion fail. This paper is a rejoinder to that reply; I argue that he has failed to show this.
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In his classic paper, The Principle of Alternate Possibilities, Harry Frankfurt presented counterexamples to the principle named in his title: A person is morally responsible for what he has done only if he could have done otherwise. He went on to argue that the falsity of the Principle of Alternate Possibilities (PAP) implied that the debate between the compatibilists and the incompatibilists (as regards determinism and the ability to do otherwise) did not have the significance that both parties had attributed to it -- since moral responsibility could exist even if no one was able to do otherwise. I have argued that even if PAP is false, there are other principles that imply that moral responsibility entails the ability to do otherwise, and that these principles are immune to Frankfurt-style counterexamples. Frankfurt has attempted to show that my arguments for this conclusion fail. This paper is a rejoinder to that reply; I argue that he has failed to show this.
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.
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.
The question of corporate moral responsibility – whether corporate bodies can be held morally responsible for their actions – has been debated by a number of writers since the 1970s. This discussion is intended to add to that debate, and focuses for that purpose on our understanding of the organisation. Though the integrity of the organisation has been called into question by the postmodern view of organisations, that view does not necessarily rule out the attribution of corporate agency, any more than the postmodern view of the person rules out the attribution of individual agency. The postmodern view is opposed to a reifying, metaphysical view of corporate agency, but a semantic view of corporate agency would seem to sit more comfortably with it. A bigger problem for the idea of corporate moral responsibility arises from the fact that in Kantian terms organisations are not ends in themselves. In that sense they are not like persons, and this must limit their autonomy, and their responsibility. This aspect of organisations also limits their punishability. For these reasons corporate moral responsibility must be seen as more limited than the responsibility of persons.
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Certain cases of corporate action seem especially resistant to a shared moral evaluation. Conservatives may argue that if bad intentions cannot be demonstrated, corporations and their managers are not blame-worthy, while liberals may insist that the results of corporate actions were predictable and so somebody must be to blame. Against this background, the theory that sometimes a corporation's moral responsibility cannot be redistributed, even in principle, to the individuals involved, seems quite attractive.This doctrine of unredistributable corporate moral responsibility (UCMR) is, however, ultimately indefensible. I show this in several steps. After first locating UCMR in the context of the evolving debate about corporate moral agency, the paper reexamines cases cited in defense of UCMR and takes up the attempt to defend it by identifying corporate moral agency with corporate practices. A further section explores the claim that UCMR is a convention distinct from, yet compatible with, traditional natural notions of responsibility. The final section develops a notion of combined akratic agency to provide an alternate explanation, compatible with rejection of UCMR, of the phenomena which make the doctrine attractive.
The Principle that freedom is necessary for moral responsibility (hereafter referred to as “the freedom principle”) has received a variety of explications, but few philosophers have doubted that in some plausible sense it is true. However, two philosophers have recently challenged it using very different but equally ingenious arguments. J.F.M. Hunter has provided the more obviously direct attack in arguing that considerations of freedom as such are in no way relevant to assessments of moral responsibility. Harry Frankfurt has directed his fire at the version of the freedom principle which says that a person is morally responsible for what he has done only if he could have done otherwise. Both Frankfurt and Hunter point out the significance of their arguments for the determinism/moral responsibility debate: if there is no freedom requirement for moral responsibility, then even if determinism threatens freedom, it does not follow that determinism threatens moral responsibility.
In this paper, I consider the claim that a corporation cannot be held to be morally responsible unless it is a person. First, I argue that this claim is ambigious. Person flags three different but related notions: metaphysical person, moral agent, moral person. I argue that, though one can make the claim that corporates are metaphysical persons, this claim is only marginally relevant to the question of corporate moral responsibility. The central question which must be answered in discussions of corporate moral responsibility is whether corporations are moral agents or moral persons. I argue that, though we can make a case for saying corporations are moral agents, they are not moral persons, and hence, we can hold them responsible. In addition, we need not treat them the way we would be obligated to treat a moral person; we needn't have the same scruples about holding a corporation morally responsible as we would a moral person.
R. E. Ewin has argued that corporations are moral persons, but Ewin describes them as being unable to think or to act in virtuous and vicious ways. Ewin thinks that their impoverished emotional life would not allow them to act in these ways. In this brief essay I want to challenge the idea that corporations cannot act virtuously. I begin by examining deficiencies in Ewin''s notion of corporate personhood. I argue that he effectively reduces corporations to the status of incompetent patients. I shall make use of a richer notion of corporate personhood as I explore the logical relationship between corporate action and the quality of the corporate emotional life. After discussing an alternate methodology for making moral assessments of action I consider briefly two corporate disasters: the crash on Mt. Erebus, the Imperial Foods plant fire. These cases are used to show the inadequacy of Ewin''s thesis that only corporate managers are capable of displaying vice.
Discussion of Peter A. French, The principle of responsive adjustment in corporate moral responsibility: The crash on Mount erebus
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