In its January 20th, 2010 decision in Citizens United vs. Federal Election Commission, the United States Supreme Court ruled that certain restrictions on independent expenditures by corporations for political advocacy violate the First Amendment of the Constitution, which provides that “Congress shall make no law […] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Justice Kennedy, writing for the 5-4 (...) majority, held that “[b]y suppressing the speech of manifold corporations, both for-profit and non-profit, the Government prevents their voices and view-points from reaching the public and advising voters on which person or entities are hostile to their interests” (Citizens United vs. Federal Election Commission 558 U.S. 38-9 (2010); emphasis added). Much of the language of the opinion, and some of its reasoning, as this passage illustrates, presupposes that corporations are agents capable of speech, and that it is (at least in part) in the light of this that limitations on political advocacy by corporations are prohibited by the Constitution. -/- While there are other strands in the argument, they are interwoven with the conception of the corporation as agent and speaker, with its voice and its viewpoints. The dissenters on the court objected on precisely this point (among others). Justice Stevens wrote sarcastically in his dissent, joined by Justices Ginsburg, Breyer, and Sotomayor, that “[u]nder the majority’s view, I suppose it may be a First Amendment problem that corporations are not permitted to vote, given that voting is, among other things, a form of speech” (558 U.S. 33 (2010)). Justice Sotomayor suggested in oral argument that the Court’s century-old practice of treating corporations as persons rests on a conceptual mistake. -/- My concern in this essay is not with the question whether the restrictions violate the Constitution. There are many issues that bear on this which will be outside the scope of my discussion. My concern is with the proper conceptual framework for understanding the agency of corporations and corporate speech, and the role that conceptions of these play in the background of the majority’s reasoning. The issue is legal, but it also has philosophical, conceptual and semantic aspects. It will be the latter aspects, and their potential to shed light on legal reasoning, that are my main focus. An adequate framework requires saying what properly speaking the corporation is, how agency is expressed through the corporation, whose agency it is, centrally whether the corporation is an agent or person in its own right, and in what sense it can be said to be capable of speech. I draw on recent work in collective action theory, particularly with respect to the semantics of collective action sentences (Ludwig 2007) and the analysis of the proxy agency in collective action (Ludwig 2014), to show (i) that corporations are neither genuine agents nor (therefore) capable of engaging in genuine speech, (ii) that consequently the First Amendment does not apply to corporations per se, and (iii) that a better understanding of the mechanisms of corporate agency casts doubt on more indirect arguments for extending the First Amendment to “corporate speech” as well. (shrink)

Raising the issue of corporate moral agency in our examination of the morality of corporate speech is important for two fundamentalreasons. Each reason suggests we exercise caution in conflating corporations and individuals as the law often does. First, raising the issue of corporate moral agency is important to the aim of providing a framework for ethically evaluating corporate speech. It is tempting to proceed as if the nature of corporate speech is self-evident. (...) But this is hardly the case. Corporations are not natural persons, and we mustn’t assume corporate speech is indistinguishable from human speech. Before we can ethically evaluate corporate speech, we must first clarify what corporate speech is. This requires an understanding of the fundamental nature of the corporate entity, including its moral status. Second, raising the issue of corporate moral agency is important if we wish to promotemorally responsible corporate speech. Any diminished moral capacity on the corporation’s part would suggest a core role for the strong legal reinforcement of any ethical aspirations here. In promoting morally responsible corporate speech, ethical injunctions uncoupled from an effective legal regime may hold only limited promise. (shrink)

Raising the issue of corporate moral agency in our examination of the morality of corporate speech is important for two fundamentalreasons. Each reason suggests we exercise caution in conflating corporations and individuals as the law often does. First, raising the issue of corporate moral agency is important to the aim of providing a framework for ethically evaluating corporate speech. It is tempting to proceed as if the nature of corporate speech is self-evident. (...) But this is hardly the case. Corporations are not natural persons, and we mustn’t assume corporate speech is indistinguishable from human speech. Before we can ethically evaluate corporate speech, we must first clarify what corporate speech is. This requires an understanding of the fundamental nature of the corporate entity, including its moral status. Second, raising the issue of corporate moral agency is important if we wish to promotemorally responsible corporate speech. Any diminished moral capacity on the corporation’s part would suggest a core role for the strong legal reinforcement of any ethical aspirations here. In promoting morally responsible corporate speech, ethical injunctions uncoupled from an effective legal regime may hold only limited promise. (shrink)

. Although the courts have ruled that companies are legal persons, they have not yet made clear the extent to which political free speech for corporations is limited by the strictures legitimately placed upon corporate commercial speech. I explore the question of whether or not companies can properly be said to have the right to civil free speech or whether corporate speech is always de facto commercial speech not subject to the same sorts (...) of legal protections as is the right to civil free speech. In the absence of clearly defined legal precedent, I emphasize moral reasons for determining the appropriate limits of corporate civil free speech. Appealing to arguments typically used to justify individual rights to civil free speech, I examine the extent to which this sort of justification may or may not be legitimately extended to corporations. I conclude that corporate rights to civil free speech must be restricted because granting rights of free speech to institutions may, in practice, undermine the moral rationale and practical feasibility of guaranteeing rights of civil free speech to individuals. Furthermore, I argue that granting corporations full rights to civil free speech will undercut attempts to develop good moral character in corporate institutions by undermining the efforts of watchdog organizations. (shrink)

In the wake of Citizens United v. the Federal Elections Commission, more companies are spending heavily on political speech, but the moral implications of doing so are not clear. Few business ethicists have directly addressed the moral legitimacy of corporate political speech and the conditions under which it may be morally permissible. My goal here is to outline the moral hazards associated with engaging in corporate political speech. I argue that whether one takes a narrow (...) Friedman-style shareholder primacy view of managerial duty, a broader stakeholder view, or an even more wide-ranging political corporate social responsibility view of the moral duties of business, various moral hazards must be taken into account in determining the moral legitimacy of corporate political speech. I discuss a number of moral hazards endemic to corporate political speech and suggest ways in which business practitioners might avoid those moral hazards. (shrink)

This paper examines some of the ways that equality in political status is threatened by corporate political speech. I offer a critique of Citizens United v Federal Election Commission which emphasizes a democratic equality approach to law and politics.

In this paper, I develop two philosophically suggestive arguments that the late Justice Stevens made in Citizens United against the idea that business corporations have free speech rights. First, (1) while business corporations conceived as real entities are capable of a thin agency conceptually sufficient for moral rights, I argue that they fail to clear important justificatory hurdles imposed by interest or choice theories of rights. Business corporations conceived as real entities lack an interest in their personal security; moreover, (...) they are incapable of exercising innate powers of choice. Second, (2) I argue that the structure and functionally individualized purpose of a business corporation—to increase value for its shareholders—undermines the implicit joint commitment necessary to derive corporate rights of free speech from non-operative shareholder-member rights. Since one cannot transfer innate moral rights such as free speech, any exercise of this right on behalf of another must be limited in scope. (shrink)

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 moral agency or the claim that corporations possess them. I claim that if both of these claims are correct, then corporate moral agency entails that, in a liberal democracy, corporations should have the right to vote. I show that under the conception of democracy supported by most liberal political theorists, all parties subject to the law are entitled to the right to vote, and all parties that possess autonomy, normative judgment, and self-control are subject to the law. Therefore, if the proponents of corporate moral agency are correct, then corporations satisfy the requirements for the right to vote. I then consider potential objections to this argument. I show that the strongest objection to the corporate right to vote is undermined by Pettit’s own argument for corporate autonomy. I then show that objections derived from other arguments for limiting the rights of corporations are equally unavailing. I conclude with some observations about the implications of my argument for the question of corporate speech rights. (shrink)

Are corporations ever morally obligated to engage in counterspeech—that is, in speech that aims to counter hate speech and misinformation? While existing arguments in moral and political philosophy show that individuals and states have such obligations, it is an open question whether those arguments apply to corporations as well. In this essay, I show how two such arguments—one based on avoiding complicity, and one based on duties of rescue—can plausibly be extended to corporations. I also respond to several (...) objections to corporate counterspeech. (shrink)

Socially Responsible Investment (SRI) has grown considerably over the past three decades. One form of SRI, engagement-SRI, is today by far the most practiced form of SRI (in assets managed) and has the potential to mainstream SRI even further. However, lack of formalized engagement procedures and evaluation tools leave the engagement practice too opaque for such a mainstreaming. This article can be considered as a first step in the development of a standard for the engagement practice. By developing an engagement (...) heuristic, this article offers a more transparent engagement dialog. Drawing on Stevenson’s and Austin’s speech-act theories, this article develops a classification of management’s responses to the signaling of allegations and controversies on two dimensions: a factual dimension concerning (dis)agreements on factual claims and an attitudinal dimension concerning (dis)agreements on responsibilities, values, and norms. On the basis of the distinctions this article develops, the authors provide for a synoptic table and offer a next-step heuristic for the engagement process that started with signaling a concern to management. The article uses an engagement logic that, while keeping the exit option for the investor open, allows management to address signaled concerns without having to let down or to opt out at the first setback in the dialog process between investor and investee corporation. (shrink)

The paper provides a taxonomy of group speech acts whose main division is that between collective speech acts (singing Happy Birthday, agreeing to meet) and group proxy speech acts in which a group, such as a corporation, employs a proxy, such as a spokesperson, to convey its official position. The paper provides an analysis of group proxy speech acts using tools developed more generally for analyzing institutional agency, particularly the concepts of shared intention, proxy agent, status (...) role, status function, convention and constitutive rule. (shrink)

ABSTRACT:The extension of human rights obligations to corporations raises questions about whose rights and which rights corporations are responsible for. This paper gives a partial answer by asking what legal rights corporations would need to have to fulfil various sorts of human rights obligations. We should compare the chances of human rights fulfilment (and violations) that are likely to result from assigning human rights obligations to corporations with the chances of human rights fulfilment (and violations) that are likely to result (...) from giving corporations the legal rights needed to undertake those human rights obligations. Corporations should respect basic human rights of all people. Non-complicity in human rights violations requires that corporations have the right to political freedom of speech. To actively protect people from human rights violations, corporations need the right to hire armed security personnel; such obligations should be limited to protecting corporate property and narrowly defined stakeholders. Obligations to spend corporate resources on human rights fulfilment are confined to contributing to specific projects. Corporations have no obligation to ensure a society in which human rights are fulfilled. This principle helps us understand why corporate obligations are substantially different from those of governments. (shrink)

Socially Responsible Investment (SRI) has grown considerably over the past three decades. One form of SRI, engagement-SRI, is today by far the most practiced form of SRI (in assets managed) and has the potential to mainstream SRI even further. However, lack of formalized engagement procedures and evaluation tools leave the engagement practice too opaque for such a mainstreaming. This article can be considered as a first step in the development of a standard for the engagement practice. By developing an engagement (...) heuristic, this article offers a more transparent engagement dialog. Drawing on Stevenson's and Austin's speech-act theories, this article develops a classification of management's responses to the signaling of allegations and controversies on two dimensions: a factual dimension concerning (dis)agreements on factual claims and an attitudinal dimension concerning (dis)agreements on responsibilities, values, and norms. On the basis of the distinctions this article develops, the authors provide for a synoptic table and offer a next-step heuristic for the engagement process that started with signaling a concern to management. The article uses an engagement logic that, while keeping the exit option for the investor open, allows management to address signaled concerns without having to let down or to opt out at the first setback in the dialog process between investor and investee corporation. (shrink)

The intellectual foundation of early modern Japan was provided by Confucianism—a system of knowledge set forth in Chinese classical writings. In order to gain access to this knowledge, the Japanese applied reading markers to modify the original Chinese to fit the peculiarities of Japanese grammar and pronunciation. Confucian education started by having the children memorize these Japanese readings of the Chinese classics by endless recitation. This article will examine the significance of this study method in order to demonstrate the following: (...) 1. The recitation of the Chinese classics led to these texts being ‘incorporated’ into the body, where they become the ‘intellectual language’ of thought and speech. 2. This quality of ‘incorporation’ was appreciated because it fostered the unity of thought and behavior, leading to the formation of a strong-willed subject. 3. This idea of ‘incorporation’ stands in stark contrast to the modern conception of knowledge that stresses objectivity and transparency, and ignores the pedagogical significance of the body. (shrink)

Corporate Social Responsibility is a label covering managerial checks and institutional balances introduced against the background of ethical values. Values are clearly formulated and organizational processes are designed with the inclusion of stakeholders and their voice in mind. In case of the post-communist societies designers of CRS cope with an additional level of complexity. Original sin of market reforms after the political fall of the communist regimes is the corrupt take-over of markets and democracies. Social institutions of capitalist markets (...) and democratic states have been subverted and invaded by the unpurged networks of the post-communist power elites. They privatized the wealth of state enterprises becoming new owners of economic resources and they drifted towards the top functions in state institutions becoming post-communist power brokers. Their long-term monopoly of the media left them in command of the mainstream PR communications long after their absolute political power was gone. Democratic institutions, and the right to free speech are daily challenged by influential image and market competition. They cannot be taken for granted. Some democratic institutions are undermined by subversive networks of the corrupt mafias often formed by ex-functionaries of the communist party and her secret services. Their tacit power is explicitly legitimized by media-clusters of cultural representatives of the communist ex-power elites exploiting leftist bias of media mainstreams. (shrink)

The discourse on CRS began late in Spain. Its permeation into political institutions also began later than in many Western countries. The Spanish government neither contributed nor reacted to the green paper Corporate social responsibility. A business contribution sustainable development, published by the European Commission in 2002. However, the publication of this document gave the definitive impulse for the start of the Spanish debate on CSR. After this initial impulse, the debate rapidly developed into a consolidated field of discourse. (...) This field is the object of the present paper. Here, we seek to elaborate on a concept of corporate social citizenship viewed as a "field of discourse", which is being produced by an epistemic community, at Spanish yet also at a global level. Thus, we seek to depict the contours of the Spanish discourse on CSR, researching its evolution over the last 5 years. We focus on its main actors, the central topics on its agendas, the conflicts that are appearing, and how they are being dealt with. In order to in to achieve these objectives, we focus primarily on the transcription of 61 speeches made by different stakeholders at the Spanish Parliament during 2005. This initiative of the Spanish Parliament is unique of its kind. A special sub-commission was created to discuss the role that Spanish public institutions should play regarding corporate social responsibility. Sixty-one experts from different areas (academia, business, trade unions, and NGOs) were invited to present their views on CSR. Members of the sub-commission had the opportunity to discuss with these experts the nature, limits, results and evolution of CSR, seeking with special interest their opinions on the role that the Spanish Government should play in the consolidation of CSR in Spain. The thesis of this paper is that through an exhaustive analysis of the transcriptions of these interventions at the Spanish Parliament, we can identify who constitutes the Spanish epistemic community on CSR. We can also trace the main contours of this field of discourse, to identify the main actors in its development (particularly, of course, on the binding point between CRS and government) and the main issues discussed, as well as the "hot topics". The presentation will also locate the uniqueness of this debate generated in parliament within the context of the wider Spanish debate on CSR. (shrink)

This paper consists of the text of a key-note address to the Vincentian Business Ethics Conference in Chicago in 2013. The content is substantially as delivered; some few ad hoc comments have been removed to preserve consistency of meaning in a printed text. The speech is presented by a senior executive of a number of FTSE listed firms. It offers his insights into the 2007 / 8 financial crisis and some retrospective interpretations of both ‘what’ happened and ‘how’ this (...) changed things. These insights, and some clear criticisms, are complemented with his suggestions for a way to reconstruct business in society less unsustainably. (shrink)

ABSTRACTControl over information is essential to business. This has become increasingly true in an era in which technological advances have enabled the rapid globalization of business. This article explores the implications of this control of information for freedom of speech and information. Four different situations are considered: censorship of the Internet by search engines albeit at the direction of a government; restrictions on Internet content by Internet Services Providers acting on their own; decisions by retail businesses not to sell (...) various DVDs, CDs, etc. to their customers; and legal suits brought against individuals and groups by businesses seeking to prevent the further spread of information they deem injurious to their products or activities. The paper seeks to sort out the various rights and values involved in these cases, when a business may be justifiably said to be violating individuals' rights to freedom of information, and when customers and citizens do not have justified complaints against business decisions not to provide them with certain information products. (shrink)

The unique role of the Internet in today’s society, and the extensive reach and potentially profound impact of much Internet content, raise philosophically interesting and practically urgent questions about the responsibilities of various agents, including individual Internet users, governments, and corporations. Raphael Cohen-Almagor’s Confronting the Internet’s Dark Side is an extremely valuable contribution to the emerging discussion of these important issues. In this paper, I focus on the obligations of Internet Service Providers and Web Hosting Services with respect to online (...) hate speech. I argue that although Cohen-Almagor is correct that we should not understand these companies’ obligation to protect and promote freedom of expression as always taking priority over potentially competing values, his argument that they ought to deny service to those who would engage in hate speech online is less than fully convincing. In part this is because his definition of hate speech is, in important respects, overly broad. In addition, I argue that the analogies to which he appeals in defense of his position are flawed, and that a more accurate analogy appears to provide at least some support to the view that ISP’s and WHS’s ought not deny service to those who would engage in at least some forms of hate speech. (shrink)

Numerous studies have documented the demand for information regarding corporations’ relationships to society. Much recent research has demonstrated why stakeholders need this information, and how it benefits both companies and the public. These studies suggest numerous methods by which companies can effectively disclose corporate social responsibility (CSR) information to the public, but in practice, reporting this type of information is fraught with legal and ethical uncertainty often unexplored in most literature. This article represents a fresh analysis of the numerous (...) pragmatic consequences and legal and ethical complications inherent in CSR reporting, using Nike Corporation as a case example. The article discusses the theoretical viewpoints surrounding the ethics of CSR disclosure, and presents the case of Nike and the complications it encountered while advertising CSR information. The article ends with an analysis of CSR auditing as a possible solution to companies seeking to improve the method and transparency of social responsibility reporting. (shrink)

Examines Hegel’s insights regarding the complexity and significance of embodiment in human life, identity, and experience. Meaning and Embodiment provides a detailed study of Hegel’s anthropology to examine the place of corporeity or embodiment in human life, identity, and experience. In Hegel’s view, to be human means in part to produce one’s own spiritual embodiment in culture and habits. Whereas for animals nature only has meaning relative to biological drives, humans experience meaning in a way that transcends these limits, and (...) which allows for aesthetic appreciation of beauty and sublimity, nihilistic feelings of meaninglessness, and the complex and different systems of symbolic speech and action characterizing language and culture. By elucidating the different forms of embodiment, Nicholas Mowad shows how for Hegel we are embodied in several different ways at once: as extended, subject to physical-chemical forces, living, and human. Many difficult problems in philosophy and everyday experience come down to using the right concept of embodiment. Mowad traces Hegel’s account through the growth and development of the body, gender and racial difference, cycles of sleep and waking, and sensibility and mental illness. “This book offers a lucid explanation of very difficult Hegelian concepts in clear language, along with a passionate, searing, provocative, and intelligent foray into questions of race and gender.” — Lydia Moland, Colby College. (shrink)

The economic and socio-political impact of multinational corporations (MNCs) on third world countries has been the subject of intense debate and controversy leading to charges of exploitation and colonization on the one hand, and demands for codes of conduct on the other. This article examines the working of one of the most comprehensive of such codes under the most reprehensible political conditions, i.e., the operations of U.S.—based multinational corporations in South Africa under the acgis of the Sullivan Principles. It is (...) argued that despite the best intentions, and considerable social goodwill, the Sullivan Principles were seriously flawed both as to goals and as to means of achieving them. Finally, it suggests a new approach to developing standards of MNC behavior in third world countries which emphasizes those areas of activities that are directly under the control of MNCs, and offers targets of achievement to which MNCs can and should be held accountable.The paper is a revised and expanded version of a keynote speech delivered by the author at the First Biannual Conference on Advances in Management, Orlando, Florida March 25–28, 1992. (shrink)

From a tradition of discourse ethics, human dignity can be defined as “being an equal member in the realm of subjects and authorities of justification.” Additionally, “to act with dignity means being able to justify oneself to others; to be treated in accordance with this dignity means being respected as such an equal member.” Conversely, “to treat others in ways that violate their dignity means regarding them as lacking any justification authority”. The guidelines found in Habermas’s “ideal speech situation” (...) are essential to guarantee this notion of human dignity. Based on aspects of Habermas’s, as well as Rainer Forst’s theory of justice, this study analyzes efforts made by the late speaker of Deutsche Bank, Dr. Alfred Herrhausen, and the former CEO of Alcoa and United States Secretary of the Treasury, Paul H. O’Neill, to challenge the way debt crises in the developing world were handled. Both leaders understood indebted countries, the livelihoods and dignity of its citizens, not as an external entity but as an integral part of their agendas. The two agents included underrepresented groups in their considerations and discussions through a proxy or surrogate participation, giving them a greater voice and acknowledging their dignity. (shrink)

Nuestro punto de partida es la concepción de Merleau-Ponty del lenguaje como "habla". Sostenemos que esta, como experiencia corporal del lenguaje -como lenguaje "en" nosotros-, permite comprender el fenómeno de la /nter-culturalidad como un fenómeno esencialmente /ntra-cultural, en el sentido de una experiencia de la cultura "desde dentro", es decir, desde la experiencia que cada quien hace del lenguaje. Este carácter endógeno e individual de pensar la cultura pone en evidencia, sin embargo, un "entre-lazamiento" recíproco originario entre lo propio y (...) lo extraño que impide de entrada privilegiar ya sea una visión universalista o totalizante o bien individualista o regionalista de la cultura. En dos momentos doy cuenta de este planteamiento: 1. Mundo de la vida y diversidad cultural y 2. El habla como lugar de acceso a las culturas. Our starting point is the conception in Merleau Ponty of language as "speech". We support this concept as corporal experience of language -as language "in" us - allows to understand the phenomenon of ¿nter-culturality as an essentially ¿ntra-cultural phenomenon, in the sense of an experience of culture "from within", that is to say; from the experience that everyone does with the language. This endogenous and individual character of thinking about culture highlights, however, a reciprocal "entanglement" originated among one's own and the strange that initially prevents to privilege, even a universal or totalizing or either an individualistic or regionalist vision of culture. Two moments I take on this approach: 1. World of life and cultural diversity. 2. Speech as an access place to the cultures. (shrink)

When one addresses boycotts, the efforts of the Montgomery bus boycotts to end segregation likely come to mind. However, the moral merits of a boycott are not always so clearly determined and how a company reacts to a boycott can have long lasting repercussions for its public image. In this article, I will examine a number of boycotts including boycotts by the American Family Association of both Ford and Proctor & Gamble based on their advertising venue choices. In a politically (...) and morally charged atmosphere, it can be difficult for companies to determine where their moral obligations lie while at the same time being mindful of the bottom line. I suggest a number of guidelines to aid in corporate moral decision making when faced with a boycott. (shrink)

We reflect on the nature of corporate codes of conduct is this article. Based on John Austin’s speech act theory, four characteristics of a performative concept of corporate codes will be introduced: 1) the existential self-performative of the firm identity, 2) which is demanded by and responsive to their stakeholders; 3) Because corporate codes are structurally threatened by the possibility of failure, 4) embracing the code not only consists in actual corporate responsible behaviour in light (...) of the code, but in the incessant recapturing of the code in the struggle of firms against the possible incongruence between their ethical principles and their actual responsible behaviour. A performative concept of corporate codes helps to bridge classical dichotomies like individualist versus collectivist approaches of moral agency and restrictive versus empowering ethics, and opens a new perspective on the interaction between individual ethical behaviour and the corporate institutionalisation of codes. (shrink)

In her 2006 book ‘‘My Stroke of Insight” Dr. Jill Bolte Taylor relates her experience of suffering from a left hemispheric stroke caused by a congenital arteriovenous malformation which led to a loss of inner speech. Her phenomenological account strongly suggests that this impairment produced a global self-awareness deficit as well as more specific dysfunctions related to corporeal awareness, sense of individuality, retrieval of autobiographical memories, and self-conscious emotions. These are examined in details and corroborated by numerous excerpts from (...) Taylor’s book. Ó 2008 Elsevier Inc. All rights reserved. (shrink)

In the recent case of Nike v. Kasky both sides argued that their standard for distinguishing commercial speech from political speechwould create the better policy for ensuring accurate and complete disclosure of social information by corporations. Using insights frominformation economics, we argue that neither standard will achieve the policy goal of optimal truthful disclosure. Instead, we argue that the appropriate standard is one of optimal truthful disclosure—balancing the value of speech against the costs of misinformation. Specifically, we argue (...) that an SEC-sanctioned safe harbor available under a closely supervised system for social reporting will bring about optimal truthful disclosure. The scheme is intended to enhance stakeholder confidence in corporate social and political commentary, while at the same time encouraging corporations to provide accurate information in a fair playing field of public debate. (shrink)

In the recent case of Nike v. Kasky both sides argued that their standard for distinguishing commercial speech from political speechwould create the better policy for ensuring accurate and complete disclosure of social information by corporations. Using insights frominformation economics, we argue that neither standard will achieve the policy goal of optimal truthful disclosure. Instead, we argue that the appropriate standard is one of optimal truthful disclosure—balancing the value of speech against the costs of misinformation. Specifically, we argue (...) that an SEC-sanctioned safe harbor available under a closely supervised system for social reporting will bring about optimal truthful disclosure. The scheme is intended to enhance stakeholder confidence in corporate social and political commentary, while at the same time encouraging corporations to provide accurate information in a fair playing field of public debate. (shrink)

While agreeing with Seana Shiffrin that any free speech theory must depend on assumptions about our need for free thinking, I am sceptical about her claim that her thinker-based approach provides the best explanation for freedom of speech. Her argument has some similarities with Mill’s argument from truth and with self-development theories, though it improves on the latter. But the thinker-based approach does not show why political discourse, broadly construed, is protected more strongly in all jurisdictions than gossip (...) and sexually explicit speech. Nor does it explain why the ‘mass’ speech of corporations and the mailings of political parties and charities are fully protected by provisions such as the First Amendment. My article concludes with some reflections on the relationship of abstract political theory such as Shiffrin’s to constitutional law; abstract theory must inevitably make some compromises if it is fully to explain constitutional jurisprudence. (shrink)

The belief that science is “a driver of growth in the knowledge economy” has led in recent decades to increasing encouragement by government of the involvement of industry and of commerce in the sponsorship and direction of research in universities, and to the increasing influence of industrial representatives on advisory panels associated with the publicly funded scientific research councils. By extending the doctrine of commercial confidentiality into university laboratories, inconvenient findings have been suppressed, and both free endeavour and free (...) class='Hi'>speech undermined. This has narrowed our scientific horizons and compromised government advisors. It is argued that scientific freedom is a guarantor of our wider liberties. Science, which tells us who we are and how we can live better, is being distorted so twisting our understanding of the ways in which we might progress, shutting off alternatives to existing models of development. Business now stands as a guard dog at the gates of perception. Only the inquiries which suit its needs are allowed to pass. (shrink)

Proper attention to the theme of corporeality is crucial for understanding Derrida’s analysis of Hegel in “The Pit and the Pyramid.” This article argues that Derrida’s essay compels us to face the impossibility of giving a wholly coherent account of embodiment. The _Aufhebung_ supposedly unites the exteriority of the corporeal with interiority in a higher unity that cancels and preserves them both; Hegel’s own text reveals, however, that meaning is primordially absent from the body that was thought to incarnate it. (...) And it is this absence of ideal meaning that is originary: Differance conditions the body as it conditions speech, rendering the body other than itself such that it is not categorizable as flesh that is the self or as an object that is not the self. I am and am not my body because the dichotomy between interiority and exteriority breaks down even at the level of the body. Indeed, I am and am not my self; the embodied self is disrupted from the start, never self-contained. Thus embodiment always already testifies to the other. (shrink)

In the Citizens United v. Federal Election Commission (2010) decision, the Supreme Court rendered an opinion verifying the legality of unions and corporations to spend funds from their general treasuries to finance independent expenditures related to political and electioneering communications. Such speech and communications are constitutionally protected by the First Amendment, according to Justice Kennedy, who wrote the majority opinion (558 U.S. 22, 2010). The dissenting opinion questioned whether such rights should accrue to corporations, since corporations differ from constitutionally‐protected (...) “natural persons” (dissent, 558 U.S. 50 at 2, 2010; Johnson 2011). The decision ignited a firestorm of controversy, which renewed interest in the legal concept of corporate personhood.This article reviews key findings in the Citizens United v. FEC case, then describes the historical, legal, and theoretical concepts of corporate personhood with the goal of unbundling the nuanced consequences of the majority and dissenting opinions of the Citizens United v. FEC case. The analysis then turns to a shareholder perspective, with particular emphasis on the implications for shareholders’ rights and responsibilities. It concludes with an exploration of options available to shareholders concerned about how to respond when a corporation uses its resources to communicate political opinions at odds with their own. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:American Journal of Philology 127.4 (2006) 607-611MuseSearchJournalsThis JournalContents[Access article in PDF]Reviewed byPaul Allen Miller University of South Carolina e-mail: [email protected] Habinek. The World of Roman Song: From Ritualized Speech to Social Order. Baltimore: Johns Hopkins University Press, 2005. x + 329 pp. Cloth, $52.It has become increasingly evident that the texts we study from ancient Rome are embedded objects, implicated in a rich field of symbolic systems and (...) corporeal practices. The image of the poem as an isolated aesthetic object has become untenable as the field has become dominated by concepts of intertextuality, performativity, social construction, and self-fashioning. The text in books like Tony Corbeill's Controlling Laughter (Princeton 1996) is less an object than an action. Thomas Habinek's The World of Roman Song represents an attempt to make good on the promise of these developments by rethinking the entirety of Roman literature as an embedded social process of "song," of marked speech, that stands at the origins of the Roman social order. Ritual hymns, funereal laudations, convivial play, and comedic performances become so many moments in the constitution of what it means to be Roman, even as conflicts between center and periphery, masculine and feminine, vir and cinaedus are both played out and resisted in the various genres that constitute the world of ritualized speech and its formal derivatives.Any such sweeping endeavor brings with it both a necessary boldness—asking us to rethink the history of Roman culture from a new perspective—and the danger of reductiveness. For the most part, these are dangers that Habinek manages skillfully to skirt through a combination of fine-grained philological analysis and a sophisticated, but never overbearing, theoretical apparatus. The World of Roman Song features close readings of the usage of words such as cano, carmen, dico, ludus, convivia, and sodalis, from their earliest attestations through their appearance in later imperial literature. It also deploys an intellectual armature that draws upon contemporary anthropology, Frankfurt-school Marxism, object-relations psychoanalysis, and the theories of Bourdieu, Bakhtin, and Bataille. Yet, as we shall see, the very methodology that makes this sweeping [End Page 607] and important survey possible—the examination not of texts but of lemmata to trace the memes of Roman self-constitution through formalized language—leads to certain unavoidable distortions. Complex textual systems become reduced to exemplary moments of embeddedness. This reduction is an enabling gesture that like any mode of analysis, however, ultimately produces its own limit.For this reader, the heart of the book is to be found in chapter 4, "Song and Play." Here Habinek traces the relation between three primary sets of terms: dico, dictum, and implicitly dictator, meaning to make an authoritative statement; cano, canto, and carmen, meaning to perform a song (carmen) of one's own (cano), or to repeat that of another (canto), so as to establish a relation between the singer and the constituted social, and ultimately cosmic, whole, via ritualized speech; and ludo, ludus, and lusus, referring to scripted or formalized movements of the body. Thus a poetic ludus, such as that described in Catullus 50 between the poet and Licinius Calvus, would refer not so much to the acts of song (carmina) to which the game of composition gave rise as to the formalized interchange and embodied practice of writing capping verses in different meters in a convivial setting. The previous chapter, "Song and Speech," had established the difference between loquor and dico, with the former referring to unmarked speech and the latter to the making of statements that the speaker asserts as authoritative and hence true. It is thus possible for the terms cano and dico to overlap and those of ludo and cano as well. Nevertheless, the ultimate dream of aristocratic Roman manhood (and, as any number of feminists would point out, of patriarchy as a whole) is for carmen—the ritualized speech that constitutes the community as a living unity—to assume the status of dictum, authoritative speech freed from the... (shrink)

This research focuses on women in corporate positions “above the glass ceiling” and explores their perceptions on corporate mobility and strategies for success in elite positions. Through interviews with 16 men and women corporate presidents and chief executive officers in Southern California, it is found that while white men promote the dominant ideology of individualism and patriarchal gender ideology as explanations of corporate mobility and success, white women emphasize alternative perspectives by confirming the importance of social (...) networks and peer similarities for succeeding in elite positions. These women strategically attempt to increase their cultural capital to negotiate male-dominated networks and maintain their high-status positions through such measures as obtaining advanced educational degrees or modifying speech and behavior. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Some leading economists maintain that corporate managers have no social responsibilities other than to maximize profits and obey the law. To support that thesis, they rely, in part, on the agency theory of the firm. The theory provides that managers are agents of shareholders and must do what shareholders want, which is generally to make as much money as possible. For purposes of this article, I accept that managers are agents of shareholders, but I reject the conclusion that the (...) relationship dilutes their moral obligations. Managers, as agents, cannot justify immoral decisions on the grounds that their shareholders direct their actions. Similarly, shareholders, as principals, lack moral bases to authorize managers to take actions the shareholders could not justify taking themselves. I apply this thesis to the ethical challenges managers of government contracting businesses face when they consider whether to make independent political expenditures. I argue that where it is in the interests of government contractors to publicly disclose, limit, or forego making independent political expenditures, they can legally do so, and that in the absence of financial advantage or legal obligation, agency theory highlights the ethical obligations of shareholders and their managers agents. It does not grant them an ethical free pass. (shrink)

Some leading economists maintain that corporate managers have no social responsibilities other than to maximize profits and obey the law. To support that thesis, they rely, in part, on the agency theory of the firm. The theory provides that managers are agents of shareholders and must do what shareholders want, which is generally to make as much money as possible. For purposes of this article, I accept that managers are agents of shareholders, but I reject the conclusion that the (...) relationship dilutes their moral obligations. Managers, as agents, cannot justify immoral decisions on the grounds that their shareholders direct their actions. Similarly, shareholders, as principals, lack moral bases to authorize managers to take actions the shareholders could not justify taking themselves. I apply this thesis to the ethical challenges managers of government contracting businesses face when they consider whether to make independent political expenditures. I argue that where it is in the interests of government contractors to publicly disclose, limit, or forego making independent political expenditures, they can legally do so, and that in the absence of financial advantage or legal obligation, agency theory highlights the ethical obligations of shareholders and their managers agents. It does not grant them an ethical free pass. (shrink)

The pollution of time -- A tribute to Martin Luther King, Jr. -- The humanities, the crucible of higher education -- The tremble factor -- The thicket of law and the marsh of conscience -- Generations on generations -- The myth of overqualification -- Democracy: its counterfeits and its promise -- By the rivers of Babylon -- The next parish over -- The university and the defense of freedom -- Stretching the envelope -- Seeking the North Star -- Parents' convocation (...) -- Multiculturalism true and false -- Obedience to the unenforceable -- The need for honesty in confronting history -- Character education East and West -- Such stuff as dreams are made on -- Drinking the sun of Corinth -- Procedure or dogma: the core of liberalism -- Roadblocks to education reform -- Education and spiritual formation -- Ethics and corporate responsibility -- Life is a series of surprises -- Science vs. scientism -- The choices are ours. (shrink)