Corporate Moral Agency And The Role Of The Corporation In Society

PhD thesis, London School of Economics: The thesis is an analysis of the corporation in society which spans the disciplines of Ethics, Law, Economics and Political Philosophy. Part One challenges the position, generally accepted in Business Ethics, that a corporation qualifies as a moral agent. The thesis analyses the most prominent theories of corporate moral agency and concludes that the corporation itself is not a moral agent. The thesis argues that attributions of moral responsibility to corporations are an elliptical way of referring to the responsibility of individuals. Part Two traces the historical development of the corporate legal form in English and American law and argues that the corporate form is a legal agent. The thesis takes issue with the Corporate Social Responsibility movement and argues that many of its prescriptions rest on a mistaken premise of corporate moral agency. Further, the thesis suggests that many CSR issues are better addressed through legal enactments by government.

It is uncontroversial that corporations are legal agents that can be held legally responsible, but can corporations also be moral agents that are morally responsible? Part one of this book explicates the most prominent theories of corporate moral agency and provides a detailed debunking of why corporate moral agency is a fallacy. This implies that talk of corporate moral responsibilities, beyond the mere metaphorical, is essentially meaningless. Part two takes the fallacy of corporate moral agency as its premise and spells out its implications. It shows how prominent normative theories within Corporate Social Responsibility, such as Stakeholder Theory and Social Contract Theory, rest on an implicit assumption of corporate moral agency. In this metaphysical respect such theories are untenable. In order to provide a more robust metaphysical foundation for corporations the book explicates the development of the corporate legal form in the US and UK, which displays how the corporation has come to have its current legal attributes. This historical evolution shows that the corporation is a legal fiction created by the state in order to serve both public and private goals. The normative implication for corporate accountability is that citizens of democratic states ought to primarily make calls for legal enactments in order to hold the corporate legal instruments accountable to their preferences.

Here is the story of Corporate Social Responsibility---what it means, where it came from, where it is going, what it requires of business. Told in an eyewitness, I-was-there style by a pioneer of the study of CSR in the nation's business schools, it takes the reader through a half century of corporate scandals and fierce struggles over corporate ethics---from Ralph Nader's 1960s Campaign GM to today's white collar crimes at Enron, WorldCom, Tyco, and other Wall Street giants. It lays bare the values that drive corporate culture, explores the motivational depths of corporate strategy and policy, demonstrates how biological impulses can lead business decision makers astray, questions the relevance and ethical commitment of business school education, reveals the spiritual side of management life, and holds out hope that the New Millennium will see improvement in the ethical performance of business. William C. Frederick is one of the founders of the study of Corporate Social Responsibility in the United States and initiated some of the key concepts and analytic categories. His books include Business and Society, Social Auditing, and Values, Nature, and Culture in the American Corporation. He was president of The Society for Business Ethics and The Society for Advancement of Socio-Economics, and chaired the Social Issues in Management division of The Academy of Management. He conducted studies of management education in Spain, Italy, Egypt, Yugoslavia, Ecuador, Nigeria, and Australia, and designed and taught programs for executives in U. S. corporations. He was dean of the business schools at the University of Kansas City and the University of Pittsburgh. He received a PhD in economics and anthropology from the University of Texas. Corporation, Be Good! draws on the author's half-century of thinking about the social and ethical responsibilities of the modern corporation.

Includes chapters on various concepts and processes associated with leading across cultures and other boundaries.

Individuals are generally considered morally responsible for their actions. Who or what is responsible when those individuals become part of business organizations? Can we correctly ascribe moral responsibility to the organization itself? If so, what are the grounds for this claim and to what extent do the individuals also remain morally responsible? If not, does moral responsibility fall entirely to specific individuals within the organization and can they be readily identified? A perennial question in business ethics has concerned the extent to which business organizations can be correctly said to have moral responsibilities and obligations. In philosophical terms, this is a question of "corporate moral agency." Whether firms can be said to be moral agents and have the capacity for moral responsibility has significant practical consequences. In most legal systems in the world, business firms are recognized as "persons" with the ability to own property, to maintain and defend lawsuits, and to self-organize governance structures. However to recognize that these "business persons" can also act morally or immorally as organizations would justify the imposition of other legal constraints and normative expectations on organizations. In the criminal law, for example, the idea that an organized firm may itself have criminal culpability is accepted in many countries (such as the United States) but rejected in others (such as Germany). This book presents contributions by leading business scholars in business ethics, philosophy, and related disciplines to extend our understanding of the "moral responsibility" of firms.

The essays in this volume examine the emergence of the concept of corporate social responsibility, and the uses that have been made of the language of corporate responsibility to explore the business/society relationship. The first section traces the emergence of the concept of corporate social responsibility as a way of understanding and framing the business/society relationship. Section two of the volume looks at "Definitions and ethical justifications" with a view to exploring current discussions of the nature, scope and source of the social responsibilities of corporations. Section three, "CSR and Management: Critical Reflections", explores the integration of CSR theories and justifications into business management and business management theories. Articles in the final section of the volume apply the concept of corporate social responsibility, and the theoretical frameworks and analytical tools to which it has given rise, to the examination and resolution of specific social issues arising out of the economic activities of corporations.