Eric W. Orts - Böcker

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 to 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. To recognize that these "business persons" can also act morally or immorally as organizations, however, 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 collects new contributions by leading business scholars in business ethics, philosophy, and related disciplines to extend our understanding of the "moral responsibility of firms."

Business firms are ubiquitous in modern society, but an appreciation of how they are formed and for what purposes requires an understanding of their legal foundations. This book provides a scholarly and yet accessible introduction to the legal framework of modern business enterprises. It explains the legal ideas that allow for the recognition of firms as organizational "persons" having social rights and responsibilities. Other foundational ideas include an overview of how the laws of agency, contracts, and property fit together to compose the organized "persons" known as business firms. The institutional legal theory of the firm developed embraces both a "bottom-up" perspective of business participants and a "top-down" rule-setting perspective of government. Other chapters in the book discuss the features of limited liability and the boundaries of firms. A typology of different kinds of firms is presented ranging from entrepreneurial one-person start-ups to complex corporations, as well as new forms of hybrid social enterprises. Practical applications include contribution to the debates surrounding corporate executive compensation and political free-speech rights of corporations.

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.

What is a business corporation and where do they come from? This book provides an account of the nature of the business enterprise (including the corporation) as a social institution that has become as important as political states and families in modern society. Written in jargon-free language, the book provides a guide to general readers who are interested to know how business enterprises arose historically, how they are legally regulated, what economic dynamics explain the changing size and internal organization of modern enterprises, and how the political dimension is important.Essential reading for managers and policy makers, as well as academics and students in many fields, this book provides the first contemporary interdisciplinary theory of business enterprises. It provides a foundation for further thinking about the social purpose of a business enterprise, which includes not only the primary economic objective of wealth creation but also a larger role in the basic structure of modern society. The book will also inform those engaged in debates about how business enterprises should be regulated and toward what ends.

Business firms are ubiquitous in modern society, but an appreciation of how they are formed and for what purposes requires an understanding of their legal foundations. This book provides a scholarly and yet accessible introduction to the legal framework of modern business enterprises. It explains the legal ideas that allow for the recognition of firms as organizational "persons" having social rights and responsibilities. Other foundational ideas include an overview of how the laws of agency, contracts, and property fit together to compose the organized "persons" known as business firms. The institutional legal theory of the firm developed embraces both a "bottom-up" perspective of business participants and a "top-down" rule-setting perspective of government.Other chapters in the book discuss the features of limited liability and the boundaries of firms. A typology of different kinds of firms is presented ranging from entrepreneurial one-person start-ups to complex corporations, as well as new forms of hybrid social enterprises. Practical applications include contribution to the debates surrounding corporate executive compensation and political free-speech rights of corporations.

In recent years, new forms of investment have been created to direct funds towards companies performing well according to predefined environmental, social, and governance (ESG) indicators. This volume addresses moral, political, and legal questions about the legitimacy of ESG as a management and investment strategy. Some chapters argue that ESG strategies should focus on creating real-life impacts on morally significant problems, such as climate change, human rights violations, and corporate corruption. Other chapters instead examine the possibility that the long-term feasibility of ESG limits its moral ambitions, requiring ESG to be regarded as only a set of devices for minimizing risk in a way that protects financial gain. The book contributes a much-needed understanding of ethical interpretations of the ESG movement, which are likely to drive future social, political and legal developments.