David Ardagh

This is the second of three papers with the overall title: “A Quasi-Personal Alternative to Some Anglo-American Pluralist Models of Organisations: Towards an Analysis of Corporate Self-Governance for Virtuous Organisations”.1 In the first paper, entitled: “Organisations as quasi-personal entities: from ‘governing’ of the self to organisational ‘self’-governance: a Neo-Aristotelian quasi-personal model of organisations”, the artificial corporate analogue of a natural person sketched there, was said to have quasi-directive, quasi-operational and quasi-enabling/resource-provision capacities. Its use of these capacities following joint deliberation in ethically permissible and just joint acts, their effect on end-users and other parties, and conformity with or challenge to State law, arguably settles its moral status as an ethical or unethical organisational agent. This paper identifies and defends the presuppositions of this conception, and applies the results to business.

An organisation which operates without a ‘self-concept’ of its goals, authorised roles, governance procedures regarding sharing information, decisional powers and procedures, and distribution of benefits, or without continuous audit of its impact on its end-users, other players in the practice, and the state, does so at some ethical risk. This paper argues that a quasi-personal model of the collective ethical agency of organisations and states is helpful in suggesting some of these key areas which are liable to need careful organisational design and control by leadership groups if the organisation as a whole entity (directors, operators, enablers) steered by the board/CEO as ‘mind/will,’ is to identify its stakeholders - internal and external - and treat them well. Such a quasi-personal model is outlined (QPM) in which six suggested areas should be covered by the leadership group in ethical governance: goals, roles, decision procedures, execution/verification, relations with endusers and other players in the practice, and relations with the community and the state. The ethical conception presupposed is Neo-Aristotelian Virtue Ethics (NAVE). In subsequent papers the many advantages of QPM/NAVE which will be claimed are these: it comes with an analysis of justice which straddles individuals, families, communities, markets, and states; it offers a more coherent normative account of ‘stakeholder’ and the internal/external stakeholder distinction, by differentiating their descriptive, ethical, and causal relations to the firm as collective agent; and it suggests that business practice and business corporations are partly creatures of the state, and merely one kind of evolving and changeable institution, in a practice with a specific socio-political permit, (not the source of ethics, politics, and social policy).

The paper completes a trilogy of papers, under the title: “A Quasi-Personal Alternative to Some Anglo-American Pluralist Models of Organisations: Towards an Analysis of Corporate Self-Governance for Virtuous Organisations”. The first two papers of the three are published in Philosophy of Management, Volumes 10,3 and 11,2. This last paper argues that three dominant Anglo-American organisational theories which see themselves as “business ethics-friendly,” are less so than they seem. It will be argued they present obstacles to collective corporate moral agency. They are: 1) the dominant “soft pluralist” organisational theory of Bolman and Deal, published in 1984 and more recently expressed in Reframing Organisations: Artistry, Choice, and Leadership, 5th edition, 2013, which is based on “reframing,” and which we will call reframing theory (RT); 2) the Business Ethics deployment of Stakeholder Management Theory (SMT) associated with R. Edward Freeman, and several colleagues, dominant in the same period (1984-); and 3) to a much lesser degree, an adapted version of SMT in the Integrated Social Contract Theory (ISCT) of Donaldson and Dunfee (Ties That Bind, Harvard Business School Press (1999)). This paper suggests a return, from RT, SMT, and ISCT, to an older “participative-structuralist” Neo-Aristotelian virtue-ethics based account, based on an analogy between “natural” persons, and organisations as “artificial” persons, with natural persons seen as “flat” architectonically related sets of capacity in complementary relation, and organisations as even flatter architectonic hierarchies of groups of incumbents in roles. This quasi-personal model preserves the possibility of corporate moral agency and some hierarchical and lateral order between leadership groups and other functional roles in the ethical governance of the whole corporation, as a collective moral agent. The quasi-person model would make possible assigning degrees of responsibility and a more coherent interface of Ethics, Organisational Ethics, and Management Theory; the reconfiguring of the place of business in society; an alternate ethico-political basis for Corporate Social Responsibility; and a rethinking of the design of the business corporate form, within the practice and institutions of business, but embedded in a state as representing the community.

Moral people (i) have good goals in acting in a challenging situation; and (ii) use their rightly disposed intellectual and voluntary capacities (virtues) and resources to choose a good action in that situation. This requires (iii) sound ethical deliberation and decision-procedures for realising practically the abstract values and principles relevant in the concrete situation. After deliberation about sub-goals and means, they (iv) choose to execute the best particular action plan. They will have canvassed possible outcomes of the intended act, which, when executed, will have a particular result and (v) consequent outcomes for themselves, and for others; and (vi) it will show respect for the wellbeing of the community or wider society, represented by the state, and reflected in state law. A comprehensive third-party moral judgement on the act will encompass the intention and execution of the act in the situation.Part 1, Sections I-IV of this paper argue that organisations can be said to be quasi-persons, personal and moral. As artificial organisational quasi-persons, with a similar structure to natural persons, they can also have analogues of the moral features of natural persons’ moral acts: i)-vi): good goals, rightly disposed capacities and resources, ethical decision procedures, good acts or activities, with good outcomes for others, and respect for society’s norms represented in state law. An ethical acronym, GREAOS, capturing the six dominant features shared with natural persons, is suggested.In Part 2, an application of GREAOS is then made to assess a concrete organisational case, Mondragon Corporation, in order to show how if the analogy between persons and organisations is sound in principle, the acronym’s application can be made to ethically unpack a case. The acronym gives Mondragon Corporation at least a pass on ethics. Although a work in progress, its success in realising ideals of economic democracy can be an exemplar of stakeholder capitalism, an alternative to an unbridled shareholder capitalism, which has had its day.

Organisational Ethics could be more effectively taught if organisational agency could be better distinguished from activity in other group entities, and defended against criticisms. Some criticisms come from the side of what is called “methodological individualism”. These critics argue that, strictly speaking, only individuals really exist and act, and organisations are not individuals, real things, or agents. Other criticisms come from fear of the possible use of alleged “corporate personhood” to argue for a possible radical expansion of corporate rights e.g. to claim a right to vote. Others say that if corporate businesses were persons, and judged as such, they would be sociopaths (Bakan 2004). Large corporate businesses are one kind of organisation, and if organisations were allowed to claim to be full persons, this would mean that the latter criticisms were valid. The proposed account goes between the horns of the above dilemma: impersonal aggregates or full persons. It avoids both the reductive individualism and expansive, full personhood account. It gives grounds for attributing and distributing praise and blame to organisations as whole complex entities, and to their parts. Primarily, responsibility belongs to Board incumbents within them, on the basis of their goals; their direction of the acts of the other main internal role incumbents, managers and staff, and enablers, in the role structure; their own ethical decision methods; the impact of their acts on external stakeholders like end-users, other players in the practice or local community, and on the state. These factors are picked out on the basis of a theory of meaning Aristotle’s theory of analogy of attribution, some architectonic features of his Philosophical Anthropology; and Neo-Aristotelian Virtue Ethics (NAVE). The paper expounds a quasi-person model of organisations, (QPM), previously described in this journal (Ardagh 2011, 2012, 2013). This model identifies functional similarities at three levels, between capacities within natural persons (NPs) on the one hand and the roles/ incumbents within the structure of organisational artificial/quasi-persons (APs on the other). In each entity, we find an architectonic direction, sub-ordered operational entities, and enablers (a DOE structure) in a communicative structure or reporting chain of authority. The common elements between natural persons (NP) and artificial persons (AP) and their ethically relevant attributes are captured in an acronym –GRAEOS. Both persons and organisations have a “top” entity capable of having/choosing worthwhile ethically permissible goals, G; of architectonically directing the use of capacities/repertoires or incumbents in designed architectonic roles, R, within a DOE-type structure, well or badly; of using ethical decision making procedures, E; of execution of good choices for the person or organisation in action, A, with good or bad impacts on others, or with others, O, in the context practice or domain; and of having good relations with the law and the state, S. Application to the 1989 Exxon Valdez disaster, and public sector organisations, is briefly discussed to illustrate the potential to deal with short or long case study narratives.

The project : naturalist, theistic, and religious approaches to natural law -- Neo-Aristotelian naturalist ontology and anthropology and element 3) -- NAVE element 2) Anthropology and 3) the wish for wellbeing and its ingredients -- Element 4) Principles, precepts, and virtues -- Element 5) of NAVE -the method of determination in moral reasoning -- Physicalism is not proven -- Bringing back God and religion -- Select applications : organisational agency and ethics : states, churches, corporations -- Applying natural law to violence : the NAVE and DGE positions -- Global poverty : the moral obligations of persons, organisations, and states to relieve poverty -- Natural law applications : sexuality and marriage -- Concepts of justice, benevolence and agape -- Justice and Satygraha/Agape Caritas : the rationality of unconditional non-violence (Ahisma).