David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Business Ethics 4 (4):277 - 281 (1985)
My aim in this paper is to explore the notion that corporations have moral rights within the context of a constitutive rules model of corporate moral agency. The first part of the paper will briefly introduce the notion of moral rights, identifying the distinctive feature of moral rights, as contrasted with other moral categories, in Vlastos' terms of overridingness. The second part will briefly summarize the constitutive rules approach to the moral agency of corporations (à la French, Smith, Ozar) and pose the question of the paper. The third part will argue that, since the moral agency of corporations is dependent on the choices of those whose acceptence of the relevant rules constitutes the corporation as a moral agent, the rights of corporations are conventional; that is, they exist because they are so created. Thus, as a first answer, corporations do not have moral rights.But this raises a further question which we must explore. Once a corporation has been constituted, by the acceptance of the relevant rules by the relevant persons, does the corporation then have rights which endure? Can those who have constituted a corporation with certain rights morally change or cancel those rights in medias res without doing some sort of moral violence to the corporation? Do corporations at least have a moral right to persist in the conventional rights with which they were constituted?
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Quentin Gee (forthcoming). Corporations, Rights, and Lobbying. Ethical Theory and Moral Practice:1-12.
Similar books and articles
Paul C. Nystrom (1990). Differences in Moral Values Between Corporations. Journal of Business Ethics 9 (12):971 - 979.
John Douglas Bishop (2008). For-Profit Corporations in a Just Society. Business Ethics Quarterly 18 (2):191-212.
R. E. Ewin (1991). The Moral Status of the Corporation. Journal of Business Ethics 10 (10):749 - 756.
Denis G. Arnold (2010). Transnational Corporations and the Duty to Respect Basic Human Rights. Business Ethics Quarterly 20 (3):371-399.
Mary Lyn Stoll (2005). Corporate Rights to Free Speech? Journal of Business Ethics 58 (1-3):261 - 269.
Tom Campbell (2006). A Human Rights Approach to Developing Voluntary Codes of Conduct for Multinational Corporations. Business Ethics Quarterly 16 (2):255-270.
Louis G. Lombardi (1985). The Nature of Rights. Philosophy Research Archives 11:431-439.
Rita C. Manning (1984). Corporate Responsibility and Corporate Personhood. Journal of Business Ethics 3 (1):77 - 84.
Rita C. Manning (1988). Dismemberment, Divorce and Hostile Takeovers: A Comment on Corporate Moral Personhood. [REVIEW] Journal of Business Ethics 7 (8):639 - 643.
Seumas Miller (2000). Collective Rights and Minority Rights. International Journal of Applied Philosophy 14 (2):241-257.
Added to index2009-01-28
Total downloads53 ( #64,560 of 1,726,249 )
Recent downloads (6 months)5 ( #147,227 of 1,726,249 )
How can I increase my downloads?