Denying Corporate Rights and Punishing Corporate Wrongs

Scholars addressing the moral status of corporations are motivated by a pair of conflicting anxieties: If corporations are not moral agents, we will be unable to blame them for their wrongs. But if corporations are moral agents, we will have to recognize corporate moral rights, and the legal rights...

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Bibliographic Details
Published in:Business ethics quarterly
Main Author: Sepinwall, Amy J. (Author)
Format: Electronic Article
Language:English
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Published: Cambridge Univ. Press 2015
In: Business ethics quarterly
Further subjects:B Corporate personhood
B Tom Donaldson
B corporate criminal liability
B corporate moral responsibility
B Corporate rights
B Moral Agency
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Summary:Scholars addressing the moral status of corporations are motivated by a pair of conflicting anxieties: If corporations are not moral agents, we will be unable to blame them for their wrongs. But if corporations are moral agents, we will have to recognize corporate moral rights, and the legal rights that flow therefrom. In early and under-appreciated work, Tom Donaldson sought to allay both concerns at once: Corporations, he argued, are not moral persons, and so are not eligible for many of the rights that persons enjoy; but they are moral agents, and so ought to bear responsibility in many of the ways that persons do. This article offers a sympathetic critique of the Donaldsonian strategy. I argue that, as it has been elaborated, the strategy necessarily fails. Nonetheless the strategy embodies a worthy aim and so I seek to provide an alternative way to vindicate it.
ISSN:2153-3326
Contains:Enthalten in: Business ethics quarterly
Persistent identifiers:DOI: 10.1017/beq.2015.34