Mario Juarez-Garcia

Should businesses engage in moral talk when it becomes profitable? Due to their particular position of visibility, it is reasonable to acknowledge that businesses have specific moral duties. Some might argue that companies ought to help abandon morally repugnant norms by providing examples of alternative behaviors through advertisements. However, the moral talk of businesses might unexpectedly reinforce repugnant norms and increase social tensions in a polarized society. Then, the duty of the companies is not fulfilled when they engage in moral talk. In polarized societies, the positional duty of businesses implies decreasing the risk of social conflict. It is not clear how to do that, yet I argue that if businesses use moral talk with mass marketing strategies, they would strive to shape impartial moral messages aiming to find points of moral convergence among polarized moral positions, which might mitigate social polarization. I call this duty the imperative of doux commerce.

A legitimate expectation in a liberal democracy is that public officials enforce the law regardless of its content; when they don’t do so, their actions tend to be publicly condemned. This expectation puts street-level bureaucrats in a moral dilemma when they consider that a certain law is unjust: either they don’t enforce the law and violate their duties to the citizenry, or they enforce it and become complicit in injustices. This paper argues for the legal permission of public officials to disregard legal mandates for moral reasons. Call it official disobedience. Contrary to common intuitions, I show that official disobedience would foster the principles of and improve governance in liberal democracies: it accommodates public officials’ personal autonomy and yields three main democratic benefits. First, information about the outcomes of the law would become available for lawmakers; second, in the aggregate, it would protect citizens from injustices; third, it would improve the moral character of bureaucrats.