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  1. The Normative Theories of Business Ethics: A Guide for the Perplexed.John Hasnas - 1998 - Business Ethics Quarterly 8 (1):19-42.
    The three leading normative theories of business ethics are the stockholder theory, the stakeholder theory, and the social contracttheory. Currently, the stockholder theory is somewhat out of favor with many members of the business ethics community. Thestakeholder theory, in contrast, is widely accepted, and the social contract theory appears to be gaining increasing adherents. In thisarticle, I undertake a critical review of the supporting arguments for each of the theories, and argue that the stockholder theory is neitheras outdated nor as (...)
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  2. The Normative Theories of Business Ethics: A Guide for the Perplexed.John Hasnas - 1998 - Business Ethics Quarterly 8 (1):19-42.
    The three leading normative theories of business ethics are the stockholder theory, the stakeholder theory, and the social contracttheory. Currently, the stockholder theory is somewhat out of favor with many members of the business ethics community. Thestakeholder theory, in contrast, is widely accepted, and the social contract theory appears to be gaining increasing adherents. In thisarticle, I undertake a critical review of the supporting arguments for each of the theories, and argue that the stockholder theory is neitheras outdated nor as (...)
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  3. Whither Stakeholder Theory? A Guide for the Perplexed Revisited.John Hasnas - 2013 - Journal of Business Ethics 112 (1):47-57.
    The nature of stakeholder theory and its fundamental normative prescriptions are the subject of much confusion and academic debate. This article attempts to provide an account of both the fundamental normative implications of stakeholder theory and the theory’s range of application that both stakeholder advocates and critics can agree upon. Using exclusively the language of leading stakeholder theorists, the article identifies the essential prescriptions of the theory and the type of organizations to which stakeholder theory applies in the hope of (...)
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  4.  33
    Should Corporations Have the Right to Vote? A Paradox in the Theory of Corporate Moral Agency.John Hasnas - 2018 - Journal of Business Ethics 150 (3):657-670.
    In his 2007 Ethics article, “Responsibility Incorporated,” Philip Pettit argued that corporations qualify as morally responsible agents because they possess autonomy, normative judgment, and the capacity for self-control. Although there is ongoing debate over whether corporations have these capacities, both proponents and opponents of corporate moral agency appear to agree that Pettit correctly identified the requirements for moral agency. In this article, I do not take issue with either the claim that autonomy, normative judgment, and self-control are the requirements for (...)
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  5.  66
    Reflections on Corporate Moral Responsibility and the Problem Solving Technique of Alexander the Great.John Hasnas - 2012 - Journal of Business Ethics 107 (2):183-195.
    The academic debate over the propriety of attributing moral responsibility to corporations is decades old and ongoing. The conventional approach to this debate is to identify the sufficient conditions for moral agency and then attempt to determine whether corporations possess them. This article recommends abandoning the conventional approach in favor of an examination of the practical consequences of corporate moral responsibility. The article’s thesis is that such an examination reveals that attributing moral responsibility to corporations is ethically acceptable only if (...)
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  6.  37
    Teaching Business Ethics: The Principles Approach.John Hasnas - 2013 - Journal of Business Ethics Education 10:275-304.
    Business ethics is usually taught either from a philosophical perspective that derives guiding normative principles from abstract theories of philosophical ethics or from an atheoretical perspective that has students analyze cases that present difficult ethical issues and propose solutions on a casuistic basis. This article proposes a third approach—the Principles Approach—that derives guiding normative principles teleologically from the nature of market activity itself. The articledemonstrates how the Principles Approach can meet the four main challenges facing those who teach ethics in (...)
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  7.  46
    Up From Flatland: Business Ethics in the Age of Divergence.John Hasnas - 2007 - Business Ethics Quarterly 17 (3):399-426.
    Abstract: The corporate scandals of the past few years have brought renewed attention to the problem of curtailing dishonest and fraudulent business practices, a problem on which strategic, ethical, and law enforcement interests should be aligned. Unfortunately, several features of federal criminal law and federal law enforcement policy have driven a wedge into this alignment, forcing managers to choose between their ethical obligations and their obligation to obey the law or aid law enforcement. In this article, I examine the nature (...)
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  8.  48
    New Directions in Legal Scholarship: Implications for Business Ethics Research, Theory, and Practice.John Hasnas, Robert Prentice & Alan Strudler - 2010 - Business Ethics Quarterly 20 (3):503-531.
    Legal scholars and business ethicists are interested in many of the same core issues regarding human and firm behavior. The vast amount of legal research being generated by nearly 10,000 law school and business law scholars will inevitably influence business ethics research. This paper describes some of the recent trends in legal scholarship and explores its implications for three significant aspects of business ethics research—methodology, theory, and policy.
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  9. Toward a Theory of Empirical Natural Rights.John Hasnas - 2005 - Social Philosophy and Policy 22 (1):111-147.
    Natural rights theorists such as John Locke and Robert Nozick provide arguments for limited government that are grounded on the individual's possession of natural rights to life, liberty, and property. Resting on natural rights, such arguments can be no more persuasive than the underlying arguments for the existence of such rights, which are notoriously weak. In this article, John Hasnas offers an alternative conception of natural rights, “empirical natural rights,” that are not beset by the objections typically raised against traditional (...)
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  10.  19
    Up From Flatland.John Hasnas - 2007 - Business Ethics Quarterly 17 (3):399-426.
    The corporate scandals of the past few years have brought renewed attention to the problem of curtailing dishonest and fraudulent business practices, a problem on which strategic, ethical, and law enforcement interests should be aligned. Unfortunately, several features of federal criminal law and federal law enforcement policy have driven a wedge into this alignment, forcing managers to choose between their ethical obligations and their obligation to obey the law or aid law enforcement. In this article, I examine the nature and (...)
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  11.  59
    Is There a Moral Duty to Obey the Law?John Hasnas - 2013 - Social Philosophy and Policy 30 (1-2):450-479.
    This essay argues that there can be a duty to obey the law when it is produced by the evolutionary forces at work in the customary and common law. Human beings' inherent epistemic limitations mean that they must rely on the trial and error learning built into the common law process to discover rules that facilitate peaceful social interaction. Hence, a duty to obey the law produced by the common law process can arise from individuals' natural duty to promote social (...)
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  12.  87
    Reflections on the Minimal State.John Hasnas - 2003 - Politics, Philosophy and Economics 2 (1):115-128.
    This article challenges the traditional argument for the state that holds that because the market is unable to supply the rule-making, adjudicative, and enforcement services that are essential to life in society, the state must, and hence is morally justified. The author argues that the market's inability to supply these basic services proves only that the state must ensure that they are supplied, not that it must supply them itself. This implies that the traditional concept of the minimal state as (...)
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  13.  79
    Two Theories of Environmental Regulation.John Hasnas - 2009 - Social Philosophy and Policy 26 (2):95-129.
    The over-exploitation of commonly-held resources is typically analyzed as an instance of market failure that calls for legislation to internalize the social costs that private activities impose on the environment. In this article, I argue that to the extent that this analysis ignores the regulatory effect of the common law, it is unsound. In The Tragedy of the Commons, Garret Hardin points out that there are two solutions to the tragedy: privatize the resource or restrict access to it. Environmental legislation (...)
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  14.  10
    The Depoliticization of Law.John Hasnas - 2008 - Theoretical Inquiries in Law 9 (2):529-552.
    Advocates of the privatization of law often assume that unless law springs from some act of agreement, some express or implicit social contract by which individuals consent to be bound, it is nothing more than force. In this Article, I argue that this is a false dilemma. Although law is rarely grounded in consent, this does not imply that law necessarily gives some individuals command over others. Law can arise through a process of evolution. When this is the case, those (...)
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  15.  24
    Are There Derivative Natural Rights?John Hasnas - 1995 - Public Affairs Quarterly 9 (3):215-232.
  16.  9
    Business Persons: A Legal Theory of the Firm, by Eric W. Orts. New York: Oxford University Press, 2013. 328 Pp. ISBN: 978-0-19-9670918. [REVIEW]John Hasnas - 2015 - Business Ethics Quarterly 25 (3):397-400.
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  17.  11
    Corporations and Voting.John Hasnas - 2018 - Business Ethics Journal Review 6 (7):36-40.
    In his thoughtful Commentary on my article, “Should Corporations Have the Right to Vote? A Paradox in the Theory of Corporate Moral Agency,” Kenneth Silver incorrectly asserts that I endorse Robert Dahl’s Principle of Affected Interests and social contract theory. To the extent that Silver’s criticism of my argument is based on the claim that I appeal to either theory as the ground for my claim that corporate moral agency entails a corporate right to vote, it is misguided. I rely (...)
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  18.  2
    Http://Businessethicsjournalreview.Com/2014/11/09/V2n7-Hasnas-Responds-to-Wolcott-on-Business-Ethics -Education.John Hasnas - 2014 - Business Ethics Journal Review:42-44.
  19.  6
    Introduction to the Symposium on Crime Without Fault.John Hasnas - 2018 - Criminal Law and Philosophy 12 (3):363-364.
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  20.  11
    Reflections on Prince, Public Welfare Offenses, American Cyanamid, and the Wisdom of the Common Law.John Hasnas - 2018 - Criminal Law and Philosophy 12 (3):427-438.
    The fundamental requirement of Anglo-American criminal law is that crime must consist of the concurrence of a guilty mind—a mens rea—with a guilty act—an actus reus. And yet, the criminal law is shot through with discordant lumps of strict liability—crimes for which no mens rea is required. Ignoring the conventional normative objections to this aberration, I distinguish two different types of strict criminal liability: the type that arose at common law and the type associated with the public welfare offenses that (...)
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  21.  10
    The Corruption of the Rule of Law.John Hasnas - 2018 - Social Philosophy and Policy 35 (2):12-30.
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  22.  5
    The Core of Business Ethics.John Hasnas - 2020 - Business and Society Review 125 (4):375-385.
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  23. The Mirage of Product Safety.John Hasnas - 2010 - In George G. Brenkert & Tom L. Beauchamp (eds.), The Oxford Handbook of Business Ethics. Oxford University Press.
     
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