MORAL RESPONSIBILITY

By: Ronald F. White, Ph.D.

Professor of Philosophy

College of Mount St. Joseph

Conceptual Framework

• Praise and Blame– Forward Looking (Teleological)– Backward Looking (Deontological)

• Legal Responsibility and Moral Responsibility

• Individual Responsibility

• Collective Responsibility

Individual Responsibility

• Responsible Persons– Rationality– Free Will

• Responsibility Limiting Conditions– Imperfect information– Imperfect Freedom

• Personal Coercion (Threats and Enticements)• Circumstantial Coercion

– Social Coercion– Biological Coercion

Collective Responsibility

• Groups as Voluntary Associations• Hierarchies

– Leaders and Followers• Information Flow-• Coercive Power-delegation of responsibility

• Responsibility Within Hierarchies– Information– Consent

• Coercive Force-– Threats and Freedom to Exit

• Shared Responsibility

CASES

• Jim Jones-– The People’s Temple Agricultural Project– Jonestown, Guyana– Mass Suicide: (Nov. 1978) 914 died: 638

adults and 276 children

• Enron Scandal- Corporate Culture

Federal Sentencing Guidelines 1991

• Assessing Legal Responsibility for Organizations– Individual Culpability– Corporate Culpability

• Organizational Structure can Cause Criminal Activity

• Diffusion of Responsibility in Organizations• Strengthen Internal Mechanisms to Prevent Criminal Activity by Agents and

Employees• Theories:

– Respondeat Superior Theory-any crime committed by an employee within an organization is the prganization’s responsibility. (even “rogue employees”)

– Model Penal Code Theory-direct participation, authorization, or tolerance of high officials.

– Corporate Character Theory-culpability based on corporate policies or customs cause agents or employees to violate the law on behalf of the corporation.

• Participation of HIGH Managerial Officials• Prior History• Obstruction of Justice and Cooperation with Authorities• Program to Prevent and Detect Violations of Law