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Sunday, March 10, 2024

Child Labor: the Unseen Workers and Its Morality

 by Winicel May Castro Ancheta

Divine Word College of Laoag

Abstract

Child labour has been considered a serious moral issue that greatly affects the lives of many children around the world. This paper seeks to provide a profound understanding of child labour through a comprehensive discussion of its history and present status, the reasons why it exists, and the ways to curtail its incidence. Further, this paper attempts to view the ethical concerns of this phenomenon based on the premises of Utilitarian and Kantian ethics. Through the lens of Kantian ethics, child labour is morally wrong since it violates dignity and disregards the rights of a child. It also emphasizes that children should not work, no matter how poverty-stricken their families might be. On the contrary, Utilitarian ethics argues that child labour is morally right because it gives poverty-stricken families a source of income; thus, it brings pleasure and happiness to the greatest majority.

Keywords: child labour, children, Kantian ethics, Utilitarian ethics, happiness, suffering, respect, dignity, greatest majority, morality

Introduction

In some parts of the world particularly in poor countries child labour is accepted as an ordinary practice. Poverty forces children to go to work to help their parents to earn a living. Instead of enjoying childhood playing and going to school to pursue education for their future, they go to the farm to work together with their parents or the mining field to earn money. The fruit of their labour goes to the market and is consumed by many. They are the unseen workers. This paper will try to uncover the problems surrounding child labour, its history, morality and how to eradicate it.    

Uncovering the Robbing of Their Innocence

Nelson Mandela, former President of South Africa, once said, “There can be no keener revelation of a society's soul than how it treats its children."

Undoubtedly, children are very precious beings. They are innocent, transparent, and open to life fully. All the honest truth-telling there is in the world is done by children. While we try to educate children all about life, children teach us what life is all about; how to find the wonders in everyday life; how to be delighted and content with the simplicity of life brought about by the towering mountains and deep oceans; how to be thrilled by exciting stories of the elderly ones; how to experience heart-felt laughter at silly antics; how to face life’s adversities with optimism and confidence; and how to be joyful again amidst the complexities of life. With all of these, children deserve nothing but the best in life – a life that is full of facilities and ease… a life that has less or no struggle... a life that is free from anxiety, pressure, and hatred… a life where they can explore the world without restrictions and reservations.

Unfortunately, as underscored by Wong (2010), it is poignant that many children of today are robbed of their innocence by damaging influences within their lives or from the outside world. Some are forced to grow up too soon and face a perilous future. Some are troubled by the breakdown of family life or peer pressure.  Others are abandoned. Many do not get an opportunity to step in a school and are left to feed and fend for themselves on the streets. Several suffer from many forms of violence and are subjected to cruel and inhumane treatment every second and every minute of each day. And worst, some children are forced to work. They are made to serve as a helping hand to the family when children of their age are enjoying and having so much fun. While children of their age are given money by their parents for their expenses, they in turn give money to their parents for the running of their family.

They are diving in the sea and mining the bowels of the earth. They are exposed to the horrors of the slaughterhouse and the dangers of explosives. They are abused in bars and massage clinics. They cope with noxious fumes, machinery that can crush them, unhealthy noise levels, and the prospect of drowning. Many of them are invincible or hidden behind factory walls and prostitution dens. They are the unseen workers. They are the child labourers.

Child labour is no doubt a very serious and alarming problem in the world, and although it is declining, progress is happening at a slow and unequal pace. According to the International Labor Organization (ILO), child labour is defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development (Diallo, Etienne, & Mehran, 2013, p. 2). Said organization stresses that child labor specifically refers to work that is mentally, physically, socially or morally dangerous and harmful to children; and interferes with their schooling by depriving them of the opportunity to attend school, obliging them to leave school prematurely, or requiring them to attempt to combine school attendance with excessively long and heavy work.

A primer by the United Nations Children’s Fund (UNICEF) also defines child labour as employing children below 15 years old in factories and industries where they are not directly under the supervision of their parents. It endangers the children’s right to health, education, and general well-being.

Philosophers and advocates of policies and programs protecting children have also given their views on child labour. Amartya Sen (1999), an economist and philosopher, describes child labour as the barbarity of children being forced to do things and is made much beastlier still through its congruence with bondage and effective slavery. Sen also notes that abolishing such exploitation without corresponding opportunity to enhance the life situation of these children is equally problematic. On the other hand, Senator Tom Hawking, an Iowa Democrat who has longer favoured a stronger role in protecting children, asserted that kids should be in school, not toiling in the sex trade, hand-knotting carpets, mining ore, making fireworks, carrying bricks or operating saws (Kenen, 1999).

Child labour takes many forms which may vary from country to country, as well as among sectors within countries (United Nations, 2013). Article 3 of ILO Convention No. 182 states that child labour may be all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances; the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties; and work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

Child labour can also be classified according to the type or branch of economic activity. In the report cited by the ILO Global Estimates 2012 (2013) which involved children aged 5 to 17 years old, three economic activities were identified namely agriculture, industry, and services. The agriculture sector comprises activities in agriculture, hunting forestry, and fishing. The industry sector, on the other hand, includes mining and quarrying, manufacturing, construction, and public utilities such as electricity, gas and water. The services sector consists of wholesale and retail trade; restaurants and hotels; transport, storage, and communications; finance, insurance, real estate, and business services; and community as well as social personal services.

This issue continues to be a great concern in many parts of the world. As reported by TheWorldCounts.com in 2014, more than 200 million children today are child laborers and 73 million of these children are below 10 years old. Incidentally, 96% of the child workers are in the developing countries of Africa, Asia and South America. Concerning child workers between the ages of 5 and 14, Asia makes up 61% of child workers in developing countries, while Africa has 32% and Latin America 7%. Further, while Asia has the highest number of child workers, Africa has the highest prevalence of child labour (40%). An estimated 120 million are engaged in hazardous work while 20 million child workers are employed in factories that make garments, carpets, toys, matches and hand-rolled cigarettes. On the other hand, 8.4 million children are trapped in slavery, trafficking, debt bondage, prostitution, pornography and other illicit activities. Most children work on farms that produce consumer products such as cocoa, coffee, cotton, rubber and other crops. The number of children in armed conflicts has risen to 300,000 over the past decade.

Meanwhile, in the Philippine context, “batang tumanda sa paghahanap-buhay” (kids who grew old making a living) is a common phrase to describe child labourers (Doronilla, 1999). Stunted in height, they look much older than their years. 

The term child recently acquired a new meaning in the Philippines upon the enactment of R.A. 7610 in 1992, otherwise known as the Child Protection Law. The new law, which devotes an entire chapter on working children, expanded the definition of children to mean "persons below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition."

Child labour, as defined by the State, through the Department of Labor and Employment (DOLE), is the illegal employment of children below the age of fifteen (15), where they are not directly under the sole responsibility of their parents or legal guardian, or the latter employs other workers apart from their children, who are not members of their families, or their work endangers their life, safety, health and morals or impairs their normal development including schooling. It also includes the situation of children below the age of eighteen (18) who are employed in hazardous occupations.

The aforementioned definition was taken from the existing child labour statutes of the country and clearly pertains only to the work situations of children which under Philippine laws are considered illegal. Accordingly, children above 15 years old but below 18 years of age who are employed in non-hazardous undertakings, and children below 15 years old who are employed in exclusive family undertakings where their safety, health, schooling and normal development are not impaired, are not considered as "child labour" under the law.

The various faces of child labour in the Philippines have been vividly depicted in the video documentary, “Minsan Lang Sila Bata” (They’re a Child but Once), directed by Ditsi Carolino for the Ateneo Center for Social Policy and Public Affairs and the Archdiocese of Manila Labor Center. The documentary, in black and white, tells the stories of elementary school-age children labouring hard in a slaughterhouse, in a sugarcane plantation and a dockside, transporting bags of cement. Anyone who had watched that film without getting affected by it could only be afflicted with the worst form of apathy.

Indeed, child labour is a situation that exploits the child’s innocence across the globe. Although it is a pervasive problem in today's world, it is not a hopeless one. It is obscene. It is urgent. It is actionable. The evidence is clear that when individuals make a commitment when communities mobilize, when societies come together and decide that child labour is no longer acceptable, great progress can be made toward the goal of ensuring that children are not denied a childhood and a better future. However, it is tough going.

Building consensus—and bringing real change—remains an immense challenge internationally, nationally and in the families and communities where child labour exists. The common sense objective is to provide kids the opportunity of a sound education and parents a fair chance at a decent job. This is an economic issue for countries and families—but it is also an ethical one. The fight against child labour is ultimately a battle to expand the frontiers of human dignity and freedom 

Tracing its Roots

The history of child labour can be traced back to the Victorian era. During this period, children were forced to work in mines and factories. Child labour also played a critical role during the industrial revolution. During that time, children as young as five years were forced to work in manufacturing industries under poor working conditions.

In the late 1700's and early 1800's, power-driven machines replaced hand labor for making most manufactured items as cited by Milton Fried in his book The New Book of Knowledge. Factories started to spring up everywhere, first in England and then in the United States. The factory owners found a new source of labour to run their machines—children. Operating the power-driven machines did not require adult strength, and children could be hired more cheaply than adults. By the mid-1800's, child labor became a major problem.

Forms of extreme child labour existed throughout American history until the 1930s. In particular, child labour was rife during the American Industrial Revolution (1820-1870). Industrialization attracted workers and their families from farms and rural areas into urban areas and factory work.  In factories and mines, children were often preferred as employees, because owners viewed them as more manageable, cheaper, and less likely to strike. Historical documents revealed that American children worked in large numbers in mines, glass factories, textiles, agriculture, canneries, home industries, and as newsboys, messengers, bootblacks, and peddlers.

Children had always worked, especially in farming, but factory work was hard. A child with a factory job might work 12 to 18 hours a day, six days a week, to earn a dollar. Many children began working before the age of 7, tending machines in spinning mills or hauling heavy loads. The factories were often damp, dark, and dirty. Some children worked underground, in coal mines. The working children had no time to play or go to school and little time to rest. They often became ill.

Fried (2014) added that by 1810, about 2 million school-age children were working 50- to 70-hour weeks. Most came from poor families. When parents could not support their children, they sometimes turned them over to a mill or factory owner. One glass factory in Massachusetts was fenced with barbed wire "to keep the young imps inside." These were boys under 12 who carried loads of hot glass all night for a wage of 40 cents to $1.10 per night.

Meanwhile, in the Philippines, Aldaba, Lanzona, and Tamangan (2004) reported that child labour has been a problem since the early twentieth century. In a 2015 report by the ILO, there were about 875,000 children aged 5-14 and 1,221,000 adolescents aged 15-17 years involved in child labour in the Philippines. Rates of child labour are significantly higher amongst boys, with 5.4% of boys aged 5-14 involved in child labour compared to 3% of girls.

In the provinces of Negros Occidental and Negros Oriental in particular, the Center for Investigative Research and Multimedia Services (CIRMS) as cited by Latoza (2006) noted an increasing number of child labourers, particularly in haciendas.  Negros Oriental was reported to have nearly 200,000 child workers while neighbouring Negros Occidental has around 140,000. An average of 8,600 new child labourers join Negros Island’s workforce every year.

As reported by Laudato (2007), the conditions which Filipino child labourers are forced to endure vary widely. Some children have jobs that place them in immediate physical danger. These risks include exposure to potentially harmful chemicals or sharp tools, and other dangers that may be less obvious but no less risky. Children are often forced to work long hours with few breaks, which takes a toll on their physical development. Others are abused by their employers, both physically and psychologically. Although some companies make use of both boys and girls in their operations, boys remain at higher risk of becoming child labourers; almost 67 per cent of child workers in the Philippines are boys. Hazardous work involving children is most prevalent in the Central Luzon, Bicol, Northern Mindanao and Western Visayan Island regions. Depending on the type of labour, children are forced to work at a very young age. Sugarcane plantations, for example, employ children as young as six.

On March 16, 2007, Quezon City operatives rescued 25 minors from a garment factory on Dapitan Street, Barangay Sto. Domingo in Quezon City. Police arrested the owner of the garment factory who was charged with violating the country’s Anti-Child Labor. The victims said that they had been forced to work 10 hours a day, seven days a week, with a monthly salary of only Php 1000.00. They also added that they were only allowed to go home every December.

Another example was the raid by the National Bureau of Investigation, the Department of Labor and Employment (DOLE), and the Kamalayan Development Foundation on a chlorine bleach factory in Marilao, Bulacan. The unit freed 11 children who were being illegally detained by their company inside the factory (Arroyo, 1999).

            Amidst the harmful effects that child labour brings, why does it still exist in the Philippines? What are the reasons that cause parents, families, and business establishments to allow and force children to work?  As with many threats to children's development and well-being, poverty is considered to be a root cause of child labour. Families struggle to make ends meet and face hard decisions when it comes to sending their children to work. Lawrence Jeff Johnson, director of ILO's country office for the Philippines, emphasized the urgent need to get to the root of child labour which is linked to poverty and lack of decent and productive work. He also added that while the government strives to keep children in school and away from child labour, it is a must to ensure decent and productive work for parents and basic social protection for families (Child Fund, 2013).

Although regional financial struggles are a major cause of child labor in the Philippines, the global economy is another factor. According to the Pulitzer Center on Crisis Reporting, the escalating price of gold has driven mining operations in the Philippines to new levels, and many mining companies make use of children as young as 9 or 10, in some instances. As many as 18,000 children are involved in regional gold mining operations across the Philippines, and currently, the country ranks 19th in terms of gold production. In 2014, the gold mining industry in the Philippines produced about 18 tons of gold, or $700 million. As the demand for gold increases, along with its price, so too will the number of children forced to work. Gold production in the Philippines is highly dangerous. Young boys and teenagers are often forced to descend into watery pits in a process known as compression mining. With only a tube to allow them to breathe underwater, they fill bags with ore before returning to the surface. Aside from the obvious physical dangers of this type of work, children and teenagers face other risks when working in the mining industry, such as exposure to mercury, which is used to leech gold from rock.

Philippine ILO (1998) also claimed that children are impelled to work from an early age because of the centuries-old tradition that the child must work through solidarity with the family group, so as to compensate as much as possible for the economic burden that he/she represents and to share in the maintenance of his/her family, which is usually a very large one. In the Philippines, families particularly value helpfulness and responsibility-sharing. Philippine culture especially in rural areas, "considers child work as a phase of socialization where future roles are learned and working to share in the family is seen as training. [T]he transmission of skills from parents and the evolution of proper attitudes to work are some of the considered social contributions of child labour."

Another reason why children work is the failures in the country’s education system. Many parents prefer to send their children out to work rather than to school, either because there is no school within a reasonable distance of the family home because they cannot do without the income the working child brings in, or because they cannot meet the costs of sending the child to school, or again because they cannot see what use schooling would be to him. Poor schooling has little credibility for many families since it does not promote economic improvement. For so long as developing countries cannot successfully maintain their commitment to a decent quality universal education, increased child participation in the labour market is to be expected (Philippine ILO, 1998)

The report of the Philippine ILO (1998) likewise posited that another major factor in the increase in the number of working children is the demand for child workers. Employers know all too well the advantages of employing children. They represent a docile workforce, which could be hired and replaced at a fraction of adult wages. They do not join labour unions and very seldom complain. Above all, employers who hire children gain a competitive advantage in both national and international markets due to the low wages they pay children.

            While significant progress has been made in reducing the number of child labourers in the Philippines, which declined 40% for children aged 5 to 14 from 2004 to 2013, there is still a long road ahead to eliminating child labour as there are still over 2 million children working.

Eradicating the Problem

Church and labour groups, teachers, and many other people are greatly enraged by the cruelty and mercilessness child labour brings. The Philippines is not alone in the effort to eradicate child labour. It is truly an international campaign.

The elimination of child labour has always been central to the aims of the ILO. In fact, the first international standard to regulate child labour was adopted in 1919. From this time onwards, ten child labour standards were adopted and a Minimum Age Convention (No. 138) was drawn up in 1973. In 1999 the ILO adopted Convention No. 182 on the worst forms of child labor, which is discussed in more detail throughout this resource. Established in 1992, the International Program on the Elimination of Child Labor (IPEC) is the ILO’s biggest technical cooperation program.

IPEC works towards the elimination of child labour, taking action throughout the world to improve the situation of child labourers every day. Thanks to IPEC’s efforts, hundreds of thousands of children have been taken out of work and given better opportunities or have been prevented from having to work.

In June 1999, over 160 countries approved an ILO agreement known as the ILO Convention No. 182, or the Worst Forms of Child Labor Convention (Doronilla, 1999), which came into effect in the year 2000. It covers forced labour, slavery, trafficking, and debt bondage. It includes prostitution, pornography, and other types of exploitative and dangerous work. It opposes types of work likely to harm the health, safety, and morals of a child. Convention 182 calls for immediate measures to eliminate these practices.

In 2002, the ILO chose June 12 as the world day against child labour (Flores, 2006). The event was commemorated in the cities of Ormoc, Bacolod, and Davao in 2006.

History tells us that some countries have already taken their battle against this perennial dilemma even before the establishment of the ILO. Britain was the first to pass laws regulating child labor (Fried, 2014). From 1802 to 1878, a series of laws gradually shortened the working hours, improved the conditions, and raised the age at which children could work. Other European countries adopted similar laws.

Meanwhile, Fried (2014) affirmed that in the United States, it took many years to outlaw child labour. By 1899, 28 states had passed laws regulating child labour. Many efforts were made to pass a national child labour law. The U.S. Congress passed two laws, in 1918 and 1922, but the Supreme Court declared both unconstitutional. In 1924, Congress proposed a constitutional amendment prohibiting child labour, but the states did not ratify it. Then, in 1938, Congress passed the Fair Labor Standards Act. It fixed minimum ages of 16 for work during school hours, 14 for certain jobs after school, and 18 for dangerous work. Today all the states and the U.S. government have laws regulating child labor. These laws have cured the worst evils of children working in factories. But some kinds of work are not regulated. Children of migrant workers, for example, have no legal protection. Farmers may legally employ them outside of school hours. The children pick crops in the fields and move from place to place, so they get little schooling.

            The Philippines joins this global fight against child labour. In 1946, when the country claimed its independence from American Rule and became a Republic (The Philippine Campaign, 2012), the country was allowed to make its own child labour laws. One significant law was the power of the Secretary of Labor to grant a special work permit for the employment of a child whose employment is otherwise prohibited (The Philippine Campaign, 2012). This allowed any child to work. In the years 1953 and 1960, the Philippines ratified three international conventions adopted by the ILO, relating to child labour (The Philippine Campaign, 2012). These conventions made laws that prohibited the employment of children in industry during night time, fixed the minimum age of employment for industry at 15 years but allowed younger children to be employed in undertakings in which only members of the employer's family are employed, provided that such work are not dangerous to the life, health or morals of the children employed, and required the medical examination of children as a pre-requisite to employment and their subsequent re-examinations (The Philippine Campaign, 2012).

It was in the year 1986, right after the People's Revolution when projects for street children and child scavengers began to emerge in the country. In 1988, the government, through the auspices of the United Nations Children's Emergency Fund (UNICEF), launched the "Breaking Ground for Community Action on Child Labor" project to identify and assist communities in regions with a high concentration of child labour. Activities under the project focused on the provision of basic health and education services to children, on the provision of livelihood and entrepreneurial skills to children's parents, and on advocacy work to convince parents and employers to remove children from heavy or dangerous work. Significantly, in 1989, the government promulgated the Philippine Plan of Action for children which set specific goals for children in especially difficult circumstances, among which is the banning of children from hazardous occupations/situations by 80% by the year 2000.38 The year 1991 saw the creation of the National Child Labor Program Committee which expanded the original implementers of the project "Breaking Ground..." to involve 14 governmental and non-governmental agencies.

Also, the country’s DOLE set up the Sagip Bata Quick Action program in 1994. In the meantime, the DOLE has incorporated the ILO Convention No. 182 into Department Order No.4 (Doronilla, 1999).

Today, the focus of actions in the country is on the elimination of risk to children rather than on ending their participation in all forms of work. Such an approach is needed to accommodate the poverty element in child labour and allow the families flexibility in maintaining their essential survival mechanisms while protecting the children involved. Thus, among the emerging strategies now being pursued by the government is the focus of rescue efforts on the most exploitative forms of child labour or the high-risk children such as the very young (below age 12 or 13), those in hazardous working conditions, or those in bonded labour. For the rest of the working children, however, until alternatives for survival are set in place, heightened efforts should be exerted to ensure that they are in jobs that are not harmful to their health and physical and mental development, and that they have opportunities for education and recreation, and that they receive the same conditions of employment and protection as ordinary workers in addition to their rights as children. The protection of existing labour legislation, standards, as well as welfare schemes designed to protect workers' well-being, should be extended to them. At the same time, sufficient and effective programs of rehabilitation are needed to complement the said strategy.

Eradicating child labour truly is a moral cause and a societal challenge. If we summon the will to do it, we can bring hope to children all over the world and affirm the inalienable right of every child to have a childhood.

Judging its Morality

One of the best ways to determine the morality of an issue is to understand it using opposing theories. In this paper, two known theories are used to underscore the ethical concerns of child labour. These are the Kantian and the Utilitarian Ethics.

The underlying idea behind Kantian ethics is that each human being has inherent worth.  Simply because you are a human, you have worth in and of yourself (Wood, 2008).  Kant’s evidence for this is simple, without human beings, there would be nothing “valued” — so, since the value must come from someplace, it must be from human beings. Further, Kant argues that human reason facilitates human autonomy.  So, we can reason about what we want to accomplish in the world — i.e. we can make decisions about how to act and the overall course of our lives.  Thus, we can also reason for the right behaviour.

One of the major variations on the categorical imperative is the “means or ends” formulation, which makes an important point about Kant’s view of humanity — namely, that you ought not to treat humans as a means to an end (Sullivan, 1998).  In other words, you should not use people to get what you want.

Looking through the lenses of Kantian ethics, it is no doubt that child labour is immoral since it violates the fundamental human rights of a child and has been shown to hinder children’s development, potentially leading to lifelong physical or psychological damage. Children are not economic objects to be used to promote the interests of an individual or a group.

In Guatemala, for instance, a seven-year-old child inserts fuses into firecrackers, a dangerous work that can cause explosions and burns. In India, on the other hand, 50,000 children work in the glass industry, in front of burning furnaces. In Bangladesh, Egypt, and Pakistan, children work in tanneries, where they are exposed to corrosive chemicals and bacterial contamination (Kenen, 1999).

In the Philippines, it has been mentioned earlier that most of the country's working children are exposed to very poor working conditions. Children in agriculture are exposed to heavy loads, chemicals used for fertilizers and pesticides, and natural elements such as rain, sun and strong winds. Those in fishing suffer from ruptured eardrums and shark attacks. On board the fishing vessels, they have to endure congested, unsanitary conditions and poor food which often lead to illnesses.

Laudato (2007) also noted that of the children in the informal sector who work on their own account, those involved in street trades suffer not only from sickness due to exposure to heat, rain, dust and fumes, but also from the risk of vehicular accidents and from frequent molestation and harassment by peers, adult syndicates and even law enforcers. In addition to these, the child scavengers suffer from tetanus infections, while those engaged in prostitution are constantly exposed to sexually transmitted diseases and maltreatment from sadistic customers.

 Factory child workers also risk cuts and other injuries from accidents caused by modern machinery and from the lack of protective mechanisms such as gloves and masks. Children in garment factories and in wood industries suffer from back strain, hand cramps, eye strain, headaches and allergies due to dust. Those in pyrotechnics manufacturing run the additional risk of injury or death caused by the accidental explosion of their products.

With all the aforementioned harmful and risky types of work children engage in, it can be concluded that child labour is unethical based on the premises of Kantian ethics since it does not only entail physical repercussions such as stunted growth and diseases, but also causes certain psycho-social, emotional, and intellectual effects. Furthermore, child labour is unacceptable since it distorts the children’s values, leads to the loss of their dignity and self-confidence, and exposes them to anti-social behaviour.

In Kantian ethics, it is likewise emphasized that one should not act on motives that he or she would not want to be a universal law. If you were to put yourself into the shoes of a child labourer, would you be willing enough to undergo the unbearable pain that he or she feels? Would you find it ethical if others let you suffer while they enjoy the fruits of your labour? If your answers are no, then definitely, child labour is immoral.

            On the contrary, Jeremy Bentham and John Stuart Mill’s Utilitarian ethics believe that the purpose of morality is to make life better by increasing the number of good things such as pleasure and happiness in the world and decreasing the number of bad things such as pain and unhappiness. It rejects moral codes or systems that consist of commands or taboos which are based on customs, traditions, or orders given by leaders or supernatural beings. Instead, utilitarian ethics thinks that what makes morality true or justifiable is its positive contribution to human and perhaps non-human beings (Smart, 1973). In other words, this theory emphasizes that one may use whatever means or act on whatever motives are necessary to achieve an end that increases happiness. It doesn’t matter why one did the action, only that the end result is an increase in happiness.

            If we are going to determine the morality of child labour based on the grounds of Utilitarian ethics, there is nothing wrong with child labour since this ethics states that, in all situations, one should act in a way that generates the greatest benefit for the greatest number of people. Everyone’s interests are considered equal. Thus, if utterly poor families are only able to survive when the children work, it is unethical to prevent them from doing so. By permitting child labour, we are promoting the greatest good for the greatest number of people. The family remains intact as a result of the income received, while consumers obtain inexpensive goods from their retailers.

Families and consumers are not the only ones who are benefited from child labour. Companies are likewise taking advantage of this practice. Since the economy of the whole world has been in a declining state, companies have found different ways to cut their costs down. Some of these ways include outsourcing and using child labour. Even though this may not be legal or ethical, some companies do capitalize on child labour since these businesses believe that young souls do not have an essential stake in any economic configuration of their world.

One of the famous companies exploiting child labour is Nike. According to Cushman (1998), the supervisors at Nike’s Subakumi Plant in Indonesia frequently throw the shoes of their child labourers, slap them in the face, kick them, and call them dogs and pigs. Apple, Hershey’s West Africa supply chain, and Microsoft are also said to be engaged in child labour, especially in underdeveloped countries which lack laws to protect children (Stevens, 2012).

Another known company which concurs with the foundations of Utilitarian ethics is Gap which was accused of using child labor in their Indian factories in 2007. For several years following the Cambodia child labour disaster, Gap built up its reputation as a stakeholder-friendly, socially responsible business. Sadly, this company was involved in a big issue when child workers were discovered in horrible factory conditions in India. Despite the dilemma that beset the company, Gap knew how to prevent the harsh scrutiny it faced in the past.  They immediately cancelled their order from the said factory and took full responsibility in the press for the incident. Their new response was to publically accept that child labour was not just a concern of a single company, rather, it is an issue for all companies that outsourced and no one company could change this. Bill Chandler, Gap Inc.’s Vice President of Corporate Communication, supported this notion when he pointed out that there is no single company that can change a societal situation, rather, it is going to be an industry response (Smith et al, 1975). 

To start an industry response to the problem, forums for retailers, non-governmental organizations and the Indian government were funded by said company to disseminate information about child labour within India. Because of this move, there was little, to no negative impact on the public image of Gap. Even though this occurrence was actually worse than the incident in Cambodia, it had a broader support base and out down the issue within just a few days.

In examining their history with child labour from an ethical perspective, it is readily determined that Gap, Inc.’s true intentions were to be and to act ethically and not manipulate facts for the sole purpose of public approval (Siddiqiq and Patrinos, 1998).  It seems that from the start, this company was not overtly focused on strictly public image, but more so on the principle of its actions. Because of this, Gap has proven itself to be quite utilitarian.  The perfect example of utilitarian action was their reaction to Cambodian child labour. When most retailers cut and run from working with the country completely, the company decided to remove itself from that particular factory, but not the country as a whole. Its reasoning was that historically when companies all retract from a specific country with production factories, the children dismissed from those factories are often left in a worse position (Smith et al, 1972).   With the companies pulling out their work, the underage workers may not be compensated for the efforts of their previously completed labour and their future employment is placed in jeopardy.  Gap was not only thinking of their public image but the livelihood of Cambodian citizens. While its image was significantly tarnished with the decision to not immediately and totally withdraw from the country, few appreciated that Gap had a larger picture in mind. It was after this incident that the company changed its management style to include not just monitoring, but remediation of and response to the situation.

Ind, Gap adheres to the views of utilitarianism since this company espouses that the value of monitoring extends far beyond uncovering problems; it includes all of the actions the company takes to facilitate remediation in a sustainable way (gapinc.com). This principle clearly states that Gap focuses on more than just public image, but rather on the best consequence for most people. Gap’s goal is to provide for and assist millions of factory workers, while providing its customers with quality products and to not be seen as just benefitting its executives and shareholders.

In general, the utilitarian approach used by Gap to foreign labour does actually produce the best outcome for the most people. Factory workers can keep their jobs and are paid relatively fairly in manageable working conditions while Gap executives are no longer under constant scrutiny and can take pride in their labor endeavors. In the case of the shareholders and consumers, they can invest reasonable amounts of money in products and ownership that are not too expensive and fund socially responsible efforts. It may not be a perfect system, but the outcome is purely utilitarian by producing the most beneficial outcome for the highest number of stakeholders.

            While these utilitarian views of child labour make sense on the surface, in analyzing further, it is never comforting to hear that you purchase products made by children in remote factories with unimaginable conditions. Even knowing that companies do their best to prevent such problems, they still place the burden of uncertainty on the consumers. The benefits many companies and people get by capitalizing on child labour do not make it morally or ethically right for them to exploit children in all forms.

            While it is true that utilitarianism promotes the common interest of the greatest majority, the common good must be made apparent in its concrete term, which is not, as defined by Fr. Gorospe (1974), the sum total of the social, political and economic goods in society and the dynamic common good of persons, the total human development of each and every person.

Child labour, being a malignant social cancer, is a prime example of how we have failed to promote the common good. Children scavenging for trash is a painful symbol of the reality of inequitable growth in the country. Child labour may produce a sense of happiness for the family of the children involved; however, the amount of joy generated from letting the children work is very small, instead, considerable suffering prevents the children from obtaining an education and from experiencing the simple joys of childhood 

Hoping for its End

            Indeed, the fight against child labour is long and arduous. The wealth of a nation is not solely based on its natural and economic resources, but it depends more obviously on the kind and quality of the wealth of its children and youth who are considered the creators, moulders, and shapers of a nation’s tomorrow. Their quality and personality will determine the kind of destiny that will help the nation realize its goals.

For that reason, it is the prime duty of every nation and every society to develop and foster a strong, creative, passionate, healthy and intellectual youth. The older generations must guide and direct the youth on the right path. The youth is the heart of every nation for they possess the zest and the potential to strengthen and improve its sectors. The youth is the powerhouse of every country for they demonstrate limitless energy, willpower, capability, fervour, and interest. Hence, this infinite storehouse of energy has to be properly moulded and needs to be given appropriate direction as well as sufficient guidance. The youth has to be trained to use their talents and abilities in constructive ways and help in nation-building and strengthening it.

Be kind and compassionate to the young, and they will flourish and succeed, becoming tomorrow's doctors, scientists, engineers, poets, artists, musicians, visionaries, and leaders. But treat them badly, and they will become tomorrow's suicide victims, drug addicts, drunks, thieves, gangsters, rapists, armed robbers, and murderers.

This applies not just to parents, either, but to anyone who has contact with children. As a parent, teacher, big brother, counsellor, scoutmaster, doctor, psychiatrist, social worker, neighbour, mentor, or even just an ordinary citizen, you have an immense responsibility. You have a great role to play in teaching these young minds and in touching their lives. Treat them with compassion and bestow upon them the right to grow, to love, to live, to dream, and you will certainly safeguard the future of the human race. Treat them with hardheartedness and deprive them of their rights, and you will assure a future which is evil and loathsome. The choice is yours.

Conclusion

Protecting children and eradicating child labour are always going hand in hand with education and economic development. Unfortunately, these issues are also interrelated with corruption. When corruption is high, the economy is affected and education too. When people are succumbed to poverty, then there is no other choice of parents, except to get their children into work and thus deprive their natural life as children and education.

References

1.      Aldaba, Fernando T., Leonardo Lanzona, and Ronald Tamangan. (2004). A National Policy Study on Child Labor and Development in the Philippines. Manila: Philippine Institute for Development Studies.

2.      Arroyo, Dennis. (1999, November 28). Exploiting innocence. Philippine Daily Inquirer. pp. 5, 8, 10, 11.

3.      Cushman, John. (1998). International Business: Nike pledges to End Child Labor and Apply U.S. Rules Abroad. Retrieved from http://www.nytimes.com.

4.      Deshpande, Rachana. (2012). Child Labor in the Philippines. http://rachanadeshpande2.articlealley.com/child-labor-in-philippines-666377.html. Retrieved, April 6, 2016.

5.      Eliminating Child Labor: A Moral Cause and Development Challenge. (2005). Retrieved from http://eJournalUSA.com

6.      Flores, Helen. (2006, June 13). 4M Pinoy kids engaged in child labor – study. Philippine Star. pp. 1,5.

7.      J. J. C. Smart. (1973). An Outline of a System of Utilitarian Ethics in J. J. C. Smart and Bernard Williams, Utilitarianism: For and Against. New York: Cambridge University Press.

8.      Latoza, Jigger. (2006, May 8). Dealing with Child labour. Philippine Daily Inquirer. pp. A-15.

9.      Laudato, Sheryl. (2007, August 12). Children of a lesser god? Manila Bulletin. pp. 8-10.

10.  Kenen, Joanne. (1999, March 28). Child labour exploitation is a global problem – report. Manila Bulletin. pp. 8-12.

11.  Philippines scales up a fight against child labour, ILO urges renewed action towards a global deadline. (1996-2016). Retrieved from http://www.ilo.org/manila/public/newsitems/WCMS_184096/lang--en/index.htm.

12.  Siddiqiq, Faraaz, Patrinos A. (1998). Child Labor: Issues, Causes, and Interventions. Retrieved from http://storage.globalcitizen.net.

13.  Smith, G. E. (2005). Case study: Does Iv. The Gap, Inc.: Can a sweatshop suit settlement save Saipan? (Journal of Business Ethics). 23, 737- 770.

14.  Sullivan, Roger (1994). An Introduction to Kant's Ethics. Cambridge University Press.

15.  The Philippine Campaign. (1998). International Labour Organization-International Programme on the Elimination of Child Labour (ILO-IPEC). Retrieved from http://ipecphils.tripod.com/phillaws/index.html.

16.  Weisbrot, M., Naiman, R., & Rudiak, N. (2010). Can Developing Countries Afford to Ban or Regulate Child Labor? Journal of Economic Relations, 1-10.

17.  What is child labour. (2010). Retrieved from http://www.ilo.org/ipec/facts/lang--en/index.htm.

18.  Woldegiorgis, G. M. (2010). Study on Child Labour in Ethiopia. Addis Ababa: Ethiopian Human Rights Commission.

19.  Wood, Allen (2008). Kantian Ethics. Cambridge University Press.

 

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Saturday, March 9, 2024

Moral Standards and Corporation’s Moral Responsibility

 Damianus Abun

Divine Word College of Laoag, Ilocos Norte, Philippines

This paper was already published in the South American Journal of Management, in 2015. (this is the original draft). 

Abstract

It has been an old argument that a Business Corporation is a legal entity, a separate entity and separate from the owner. It has a blanket to protect itself from being sued. The corporate veil has been used as a shield to protect itself from prosecution. With such protection, how can it be morally responsible for its act? Moral responsibility is only applied to humans, not to any other things. However, this paper will argue otherwise. Based on paper reviews, it is found that one of the requirements in determining moral responsibility is the presence or the absence of knowledge and free will in a certain act. Such requirements clearly strengthen the idea that a corporation, though it is a separate entity from the owner may not completely out of hand, wash its hands and can just do what it wants but it has to be also guided by moral standards and take moral responsibility for its immoral actions. The reason is that a corporation as an entity is still composed of rational beings that have the knowledge and free will to pursue their objectives. Therefore, when things go wrong in the corporation, it is not only individual employees who committed the crime who are taking the moral blame but also the corporation as a whole including the owner.   

Keywords: Moral responsibility, moral standards, element of moral standards, individualism methodology, the nature of corporation, knowledge and free will.     

Introduction 

We are trying to understand the moral responsibility of a corporation. The concern of this particular subject is: who is responsible for what is going on in a corporation when things are going wrong? Is it an individual person or the corporation to be blamed? This question is raised based on the nature of the corporation itself, that a corporation is not the same as an individual person who has reason or knowledge and freedom because moral responsibility refers to humans only, not to anything other than humans. Now who is then to be responsible when things go wrong in a corporation? Is it only the man who has reason to take responsibility? How about the corporation? This is the main issue that we need to understand in this topic. To help us understand this issue, we need to understand the nature of the corporation. However, before going further, one needs to know about the morality of certain act. Are there moral standards to be followed? Are there moral standards being violated? Are these violations intentional or not intentional? What are the elements to be considered intentional?  It is assumed that the judgment of certain acts, either to be moral or immoral, is always based on criteria or moral standards, not on anything else. A certain act must be evaluated against those moral standards. However, moral standards elements may not be enough as the basis for moral judgment and for someone to take responsibility. Responsibility involves knowledge/reason and free will. Therefore, reason and free will may be used as the starting point in any moral investigation, be it to the individual person or the corporation. After knowing the element of moral responsibility, then, we proceed to evaluate whether an organization or corporation is subject to moral evaluation, and if so, then what qualifies it to be treated as a human person so that it can be held morally responsible for its actions and what disqualifies it in order not to be held morally responsible.

The purpose of this article is to enlighten everyone on the nature of Business Corporations and their moral responsibility. We would like to know if a corporation, as a legal entity, not as a person, has a moral responsibility over the crime it has committed. The area of concern is a corporate veil. The corporate veil has been used as a shield to protect itself from prosecution. The question here is: is a corporation protected from moral responsibility? In this paper, I would like to show that corporations cannot hide behind their corporate veil and wash their hands. To support my stand, careful readings on certain authorities related to the topic are the basis of the arguments presented in this paper.  The paper will only limit its argument to the main element in determining the moral responsibility of a corporation. The writer realizes the difficulty in writing this topic because it does not accommodate the idea of moral relativism. He assumes that the readers are believers of universal morality.     

Moral Standards 

The Meaning of Moral Standards and the Law

Moral standards are bases for moral behaviour and bases for determining whether a certain act is moral or immoral and for someone to be responsible or not. These are the guides of human behaviour and decision-making. These standards are not only applied to individual persons but also to a group or corporation. Something is unethical if it does not conform to a particular standard of morality. They may not be written but observed and they are assumed norms of moral conduct (Articulo, 2005).  These norms are points for checking if a certain action is good or bad. The concerns of moral standards are norms, not theory which explains why certain acts are good or bad. Moral standards are not the same as social norms but they are beyond social norms. Though social norms are codes of conduct within a particular society, they are not moral standards. Moral standards are beyond borders or may be called universal and are accepted by all rational beings everywhere. The coverage of social norms is local, while the coverage of moral standards is universal. Therefore, the function of moral standards is to check if the social norms are moral or immoral. For example, certain society allows killing in the name of God or offers humans as a form of sacrificial lamb to God. Moral standards will tell us that it is immoral, though social custom declares that it is accepted.

Based on the above understanding, it is clear that ethical standards guide individuals to act in a good manner in dealing with other humans, society and the environment. These standards should encourage individuals to make the right decisions for their actions, and give them the courage to come forward should they notice dishonest and unethical behavior. Individuals need to follow the norms prescribed by all rational agents. Therefore, in deontological systems, being morally good is defined as obeying certain moral rules (Harris1986). When you follow those rules and do your duty, then you are good regardless of any other considerations like whether the consequences of that obedience lead to suffering or happiness. On the other hand, if you ignore or break any of those rules then you are not doing your duty and are morally bad once again, regardless of any consequences.  These moral duties are absolute and unconditional duties such as telling the truth, being honest, being fair, etc. They apply whatever consequences might follow from obeying them. An example is the order not to steal. It is our duty not to steal, though the consequences of stealing would save the life of the one who is stealing. It does not explain why one should not steal because it is the concern of moral philosophy. 

One should remember that moral standards are not the same as legal standards.  Following laws does not make one ethical.  Abortion in a certain country is legal but it does not mean that abortion is moral because it involves killing a human being.  While this practice is certainly legal, the unethical nature of it is quite clear. Another example is euthanasia. Some countries are legalizing euthanasia in which one can terminate one’s life based on mercy or other reasons. Though it is legal, such action is immoral because it is considered killing. Thus Legal is following the law and may include exploiting holes in the legal system but it may contradict morality. Ethics is doing the morally right thing. Some laws may not even have any ethical connotations whatsoever. Some moral acts may be legal but they may be also illegal. The legality of an action does not guarantee that the action is morally right. Many issues in life cannot be resolved by appeal to law alone.  Thus Shaw, and Williams (1999) argued that law codifies a society’s customs, ideals, norms and moral values and changes in laws undoubtedly reflect changes in what society considers right, wrong, good and bad. However, he further emphasized that it is a mistake to see the law as sufficient to establish moral standards that should guide an individual, a profession, an organization or society. The law cannot cover all individual and group conduct. Thus conformity to law does not necessarily mean that the act is immoral or non-conformity to the law does not mean that the act is immoral.

Sources of Moral Standards         

Related to the moral standards issue, one may ask a question, “Where are the sources of these standards or where do we get those standards?  If our ethics are not based on feelings, religion, law, accepted social practice, or science, then what are their sources? Many philosophers and ethicists have helped us answer this critical question. They have suggested at least five different sources of ethical standards we should use. 

Common Good

The common good principle would argue that a certain act may be considered good if it promotes the interest of the majority over individual interest. This principle originated from the utilitarianism theory. Utilitarianism emphasizes that ethical action is the one that produces the most good for the greatest majority interest and does the least harm for all who are affected (Velasquez, 2014). One should not act if it does not bring good to the majority of society, though it might violate one’s individual interest. If we apply it in the business setting, an ethical corporate action is the one that produces the greatest good for the stockholders, stakeholders and the environment. All actions are analyzed from their consequences, if the consequences are good for the majority, then such acts can be pursued.     

The Rights Doctrine

Immanuel Kant classified rights as natural and positive rights. Natural right is an inborn right while positive or statutory right is what proceeds from the will of a legislator. From the two classifications of rights, thus we have innate rights and acquired rights. Innate right is that right which belongs to everyone by nature, independent of all juridical acts of experience. Acquired right is that right which is founded upon such juridical acts. The innate right may also be called the “internal mine and thine” (meum vel tuum internum), for external rights must always be acquired (Kant, 1790). Kant argued that there is only one innate right such as birth birthright to freedom, while other rights originate from the right to freedom such as the right to property and other rights. For Kant, freedom is independence of the compulsory will of another; and in so far as it can coexist with the freedom of all according to a universal law, it is the one sole original, inborn right belonging to every man in virtue of his humanity. This is a right to be independent and to be coerced by external force. The limit of this freedom is the freedom of others, in the sense that the exercise of freedom is limited by the freedom of others. Emanated from freedom is the property right. It is believed that each one is free to own a property. He/she has the right to property if he/she is connected to it and if any other person should make use of it with the owner’s consent and if they do it without the consent of the owner, then they do an injury to the person or the owner. The subjective condition of the use of anything is possession of it as Immanuel Kant puts it, “Anything is “Mine” by right, or is rightfully mine when I am so connected with it, that if any other person should make use of it without my consent, he would do me a lesion or injury”. Thus anyone who would assert the right to a thing as his must have it as an object.  Robert Nozick (1974) as cited by Shaw (1999) argued that property rights are considered sacrosanct. It grows out of one’s basic moral right. Such right either reflects one’s initial creation or appropriation of the product, some sort of exchange or transfer between consenting individuals or a combination of the two. However, Nozick, as quoted by Shaw argued that property rights exist before any social arrangement and are morally antecedent to any legislative decision that a state could make.     

Reading the argument of Kant and Nozick, it can be said that there are two kinds of rights and they are moral natural rights and legal rights.  Moral natural rights are possessed by man under their human nature; they are born with those rights, not conferred by the state. While legal rights are those conferred and recognized by the law. That’s why we have constitutional rights which are conferred and protected by law. They cannot be altered by the state. While statutory rights are derived from legislation which are drawn by the people’s representative such as the right to minimum wage and the right to just compensation for additional work (Articulo, 2005).         

Thus the ethicists agree that the ethical action is the one that best protects and respects the moral rights of those affected. This approach starts from the belief that humans have dignity based on their human nature per se or on their ability to choose freely what they do with their lives. Based on such dignity, they have a right to be treated as ends and not merely as means to other ends (Kant, cited by Stanford Encyclopedia of Philosophy, 2004). The exercise of any moral rights is limited to the moral rights of others, in the sense that while the bearer of the right has the right to exercise his/her freedom, at the same time the bearer should not violate the rights of others. Others must protect our rights and we must protect the rights of others. 

The Justice Doctrine

Plato as cited by Velasquez (1996) argued that in a society that lacks norms of justice, he suggests, people inflict injustices on each other. People quickly conclude that they will be better off if everyone adheres to the norms of justice. People consequently agree to cooperate in mutual adherence to norms of justice. It is a long line of reason, we take justice as one source of moral standards, a standard of moral behaviour.   All know that just action is considered to be ethical. Therefore, the principles of justice are some portion of the total principles that make up ethics. There are a lot of different ideas about justice. Aristotle and other Greek philosophers have contributed to the idea that all equals should be treated equally. Today we use this idea to say that ethical actions treat all human beings equally if unequally. This kind of definition refers to fair treatment. But the question here is: who does the treatment and who is to be treated? The answer to this question leads us to think of individual justice and social justice or group justice. Justice is not only fair treatment from other people toward the person but also how the person treats other people justly. Therefore justice becomes individual virtue and social virtue. A just person always treats other people justly and a just society is always treating its community members justly. As a just individual, I pay people more based on their work, based on the amount they have contributed to the organization and so the greater the amount that they contribute to an organization, the greater they receive. Just society, just government, and just organization would treat individuals justly as how the individual treats each other. In this case, justice means giving what is due to a person fairly deserves. An act is ethical if it gives a person his proper due, otherwise, the act is unethical. Giving what is due indicates that all persons must always be treated equally.

Velasquez (2014) argues that there are two kinds of justice and they are distributive and retributive justice. Distributive justice is dealing with the way how wealth is distributed to members of the society. Thus distributive justice refers to a fair distribution of society’s benefits and burdens. The benefits should be distributed according to the contribution or the burden. Someone should not expect more if he/she has not contributed anything to the production of the output.  Thus, pursuing society’s benefits but avoiding burdens is unethical because it is unfair for anyone to benefit from society’s economic pool without working hard for it. Such an idea of justice falls within what Aristotle called formal justice. Formal justice is the requirement that we should treat similar people similarly. If two persons have the same qualifications and the same amount of contribution to the organization, they should be treated equally or similarly. This kind of justice would contradict what Karl Marx meant by justice. For him, justice is to share benefits according to the needs but the burden is shared according to the capability. Retributive justice refers to the punishment given to a person who committed a crime and the punishment must be equal to the crime she/he committed. Not accepting the punishment is considered unethical because such an act would mean that the person avoids what is due him. Concerning this idea, it is the same when someone destroys the property of other people, then it is his due to pay or replace it. When he violated the law, then it is his due to be jailed.

There are other views of justice when we talk about society as a whole (Velasquez, 2014). When a person thinks that talents, education qualification, ability, and experience are the basis for job distribution and salary structure, would understand justice in terms of merit. This is what we have mentioned above justice means giving what is due to the person who deserves it. Such an idea originated in the idea of Plato. Plato believes that people are classified not based on their family background but based on their talents and abilities and with such talents and abilities, those persons can play their social role. Further, when a person considers that the government should provide free education to all, would think that justice is about equality. This is rooted in the belief that all men are created equally or the same. Therefore treatment should not be based on religion, gender, race, and nationality and all should be given the same opportunity. Therefore, since all humans are the same, they should be given equal shares of benefits and burdens. Next, if a person believes that business is important to the common welfare of society and they should be given a tax break, then they view justice as a utility. For this group, justice means what promotes the common good or common welfare of the citizens. In this case, a business is just when it promotes the welfare of the majority of people.  

Natural Law and Virtue Doctrine

Humans are born good, they are given the natural knowledge and capability of knowing what is good and bad which is already built into the reason. Such a concept would emphasize the point that humans are rational beings and moral beings. This is true for all human beings. Peter Singer as cited by Arneson (1998) argued that humans have special moral privileges based on superior cognitive abilities. However, his argument has been criticized by some for it leads to the conclusion that there are different capacities among humans and so there must be different levels of moralities among humans. Besides the points of different arguments, the common point in the argument is that all humans are moral beings. All actions are commanded by reason which makes a different from the animal and therefore actions motivated by reason are necessarily good or moral. It makes a difference from animals. Such a concept leads us to categorize acts as human acts and acts of man. The human act is calculated by reason, while the act of man is calculated by instinct which is the same with animals. Therefore, an act is good if it reflects the nature of man as a rational being and a moral being and these are the first basis for the moral evaluation of human acts.

Since humans are moral beings, then definitely humans must possess moral character or virtues. Therefore humans are necessarily virtuous beings. Aristotle argued that a virtuous person is someone who has ideal character traits. These traits derive from natural internal tendencies, but need to be nurtured; however, once established, they will become stable.               Virtue ethics emphasize the role of character and virtue in moral philosophy rather than either doing one’s duty or acting to bring about good consequences. A virtue ethicist is likely to give us this kind of moral advice: “Act as a virtuous person would act in your situation.” Or virtue ethicists would advise us, to “act always as an honest person”. Honesty here does not refer to certain dealings or transactions but honesty is a character of the person. Human transactions must always be honest because honesty is a reflection of humans as moral beings, virtuous human beings. If transactions are not honest, then it is immoral because it does not reflect the character of the human being as a virtuous human being. A virtuous person is someone who is kind across many situations over a lifetime because that is her character and not because she wants to maximize utility gain favours or simply do her duty (Athanassoulis, 2013).

Moral Responsibility

After knowing that someone has done something wrong based on either one or all of those moral standards, then that person should take responsibility.   Responsibility means something for which one is responsible for one’s act or the state or fact of being responsible, answerable, or accountable for something within one's power, control, or management. Related to the topic of ethics, responsibility would mean being accountable for what we are doing knowingly and freely. It is the extent to which the person or group deserves blame or punishment for what he/she has done or the group has done. In other words, she/he should not wash his/her hands and throw his/her moral responsibility to other people after he/she commits certain actions. Be responsible and take the blame. Why? The person who performs an act knows why he acts and freely commits it, even though he knows his act is wrong but he/she does it and therefore she/he must take full responsibility for his/her actions. Consequently, the person deserves blame or punishment. Thus moral responsibility involves the notion of guilt or innocence (Articulo, 2005). Take an example, the employer was found to be violating the right of employees to privacy. The investigation committee recommend to the management that certain employers have to take responsibility. As a result, the employer was punished and the employer was ordered to pay for moral damages.

The example mentioned above is a case of an individual act, in the sense that the act was done by an individual person, not authorized by the management. Now our concern is, how if such an act was done out of duty or she/he was authorized by the management as prescribed in his job description? Should the individual employee or the corporation take the responsibility? Should both wash their hands? The contention here is related to the extent of moral responsibility. Moral responsibility refers to both, individual and collective moral responsibility (Risser, 2014) because the immoral act may be done either by the individual person authorized by a corporation or a group as a corporation. There can be a situation in which a group knowingly and freely plans certain activity which brings disaster to a community. Moral responsibility becomes complicated here because it involves a corporation which is not considered a human person or rational being. The corporation is only a legal entity created by law which is not an individual person that has no reason, knowledge, freedom or free will. How can it be imposed with moral responsibility? Therefore, we have reason to argue that the person or a group who has committed certain immoral acts is not always responsible for their wrongful act. It might have been the idea behind why some individuals prefer to form a corporation than a single proprietorship because it has a veil to protect from moral responsibility. It is a veil given by law. It has a limited liability. Now, what happens if a certain corporation commits a crime? Who is the one taking the blame? Let us be clear that morality and law are two different things, in the sense that what is legal may not be always moral and what is moral may not be always legal. The issue on hand is a moral issue and as a moral issue, there are simple requirements to be met if a certain act is moral or immoral. In this regard, there must be criteria or requirements to be fulfilled for one or a group to be morally responsible, and thus we need to know when the person is morally responsible and when they are not. To determine moral responsibility, we need to know what makes an act right or wrong morally. This is an important criterion to determine on which we can base our judgment and moral theories will help us in determining the extent of moral responsibility.  

Element of Moral Responsibility:  Knowledge and freedom

Moral standards are the guide of our moral behaviour. Everyone including corporations should be guided by those moral standards. However, in determining the moral responsibility of certain acts, moral standards may not be a good starting point. Therefore, evaluating certain acts and their moral responsibility merely based on moral standards would not be enough or sufficient. The issue of moral responsibility is framed within the nature of persons. Persons are classified as unique because of their reason, and minds (McKenna & Widerker, 2006). Thus the starting point to be investigated is knowledge and freedom. Thus, we need to see if the violation of those moral standards were intentional or not intentional. In other words, evaluation may continue if the elements of knowledge and free will are found. Thus, the primary step to be taken before a judgement can be made is to find out if there was the presence or absence of knowledge and freedom or free will (Sandel, 2014, cited from Immanuel Kant). If there was a sign that knowledge and freedom were present in the act, then the question remains: to what extent is the presence of knowledge and free will? This is relevant to the issue because it will determine the level of moral responsibility. But we will not go deeper into it because our main purpose here is to find out if a corporation can be morally responsible for its actions. A judgment on a certain act can be made if it is found that there is a presence of mind or reason and free will if the act was done knowingly and freely. In other words, the person can be blamed if the person is acting out of his knowledge and free will. The person acts knowingly and willingly even though he knows that such an act will destroy the common good, the rights of people, justice, the doctrine of his religion, and the dignity of other people. Despite that knowledge in mind, however, he still commits it.

Reason allows us to act with a purpose and guide us to pursue the objective. With such reason, one can identify or differentiate right from wrong or good from bad and one can avoid it. Thus the absence of reason, depending on the situation or circumstance, can reduce or mitigate the moral burden of the person who committed the act. It is the reality that many times a person acts out of fear, or, anger or external force. In other words, the person is not in full control of his acts. In such a situation, the person may or may not be morally responsible. When the person acts without being aware of the consequences or the wrongness of his act, cannot take full responsibility for his act.

Knowledge and free will are the first bases for moral judgement of certain acts because we believe that only knowledge and freedom belong to humans as a rational being. Consequently, all acts performed by humans must be based on reason or knowledge and free will. This is what we call human acts; the acts specifically belong to humans, a rational being who has freedom. Knowledge and freedom are the only things that belong to humans and the acts that belong to human acts are the only acts we can judge. Humans should act based on knowledge and their free will (Widereker and Mckenna, 2006). This is to emphasize that there are other acts which we call the act of man. The act of man does not necessarily belong to humans but also belongs to animals which are not necessarily motivated by reason but by instinct like animals. For example, eating, drinking, and sleeping, are acts that also belong to animals. These acts are neutral to moral judgment. Therefore, we emphasize that it is only human acts that we can judge morally. Before we judge whether it is immoral or immoral based on the motive, the means, the ends and consequences, we need to determine first if the act was done knowingly and freely (Widerker &Mckenna, 2006).

Taking Full Responsibility, Not Full Responsibility and Exempted. 

Based on the discussion on the determining factors of moral responsibilities, then we have the idea that not all wrong acts are done knowingly and freely. There are certain situations or circumstances in which a certain person committed a certain act either with full knowledge and freedom or incomplete knowledge. It is here we need to examine when someone can be fully responsible for his /her actions or not fully responsible for his /her actions (Widerker and Mckenna, 2006).

Someone is judged to be morally wrong and fully responsible for his/her actions when she/he does it with full knowledge and freedom. In other words, he/she does it knowingly and freely. The person has a complete knowledge of the wrongness of that act but he/she chooses to commit that act at his own choice and free will. In other words, the person committed such act intentionally, and voluntarily and is a product of contemplation and deliberation. After establishing facts and determining that such an act is done knowingly and freely, then the person has full responsibility and that person should be punished according to the crime he/she has committed. For example, a manager knows that bribery is immoral, however, despite such knowledge, he/she committed it.

However, there are circumstances in which a person commits certain act not because he/she has full knowledge. Despite of her lack of knowledge, she/he committed it because she /he might be pushed or forced by a certain circumstance that he/she has no choice but to do it. This is the case that we cannot throw all the responsibility and blame over that person. Given that situation, in the case of lack of knowledge of the correctness or rightness of the act, however, the person cannot also be removed from all moral responsibilities. The responsibility and blame are still with the person, however, to a lesser extent, not totally exempted because lack of knowledge is not sufficient enough to exempt the person from moral responsibility because he/she could still find ways to get information but he/she did not.

A person can be exempted totally if the person acts out of complete ignorance of the moral wrongness of the act, unintended result of a rightful act, result of an accident, coercion to the extent that the person’s reason cannot work and when such person cannot know if such act is right or wrong, good or bad. The first and the last is the case of a child or a crazy person who burns the house of their neighbour because of excitement to see the beautiful fire. The case of unintended result is the case of the double effect of certain acts. This is the case in which a person performs a certain act that leads to, either a good or bad outcome. For example, a doctor examines a pregnant mother who has cancer. The only way to deliver the baby is through caesarean; however, the result is the mother’s death.

Corporate Moral Responsibility 

The Nature of Business Corporation

To determine the moral responsibility of a corporation, first, we need to know the nature of a corporation. Proper understanding is needed for us to determine if a corporation is morally responsible for its actions. This is because a corporation is not human, it is a legal entity created by law but what qualifies it to be like a human and therefore be responsible morally. It is commonly known that a business entity is an entity that is a group of people organized for some profitable or charitable purpose. Business entities include organizations such as corporations, partnerships, charities, trusts, and other forms of organization. Generally speaking, entrepreneurs incorporate their business in the state where they conduct their business (Perez, 2015). After incorporation, then the business is considered legal and it is now recognized as a legal business entity. It has a legal personality and now can legally pursue its business objectives as prescribed in its constitution and bylaws as approved by the Security of Exchange Commission. Thus the treatment to a corporation is now the same treatment to a person.  Business entities, just like individual persons, are subject to taxation and must file a tax return. Some business entities are exempt from federal income tax. These include non-profit charities and non-profit corporations. Business entities may be subjected to state income tax, depending on the laws of the state or states where they conduct business.  

There are different types of businesses and knowing different types of businesses could help us understand the nature of business. The classification of a business depends on the objective that it pursues. Therefore, first, we have a sole proprietor. The sole proprietor is an unincorporated business and it is usually owned by a single individual. There are no forms we need to fill out to start this type of business. The only thing you need to do is report your business income and expenses. This is the easiest form of business to set up, and the easiest to dissolve. A Sole Proprietorship in the Philippines is also known as a "single proprietorship, A sole proprietorship is the most simple form of business and the easiest to register in the Philippines, through the Bureau of Trade Regulation and Consumer Protection (BTRCP) of the Department of Trade and Industry (DTI). It is owned by an individual who has full control or authority over all the assets, as well as personally answers all liabilities or losses. The fact that it is run by the individual means that it is highly flexible in which the owner retains absolute control. Concerning liability, the sole proprietorship has an unlimited liability as compared to a corporation. This is in case the owner puts up his/her business not with her/his own capital but from loans either from individual persons or from the banks. When the business is bankrupt, then the owner has to pay all the money that he/she has loaned from other people or creditors. The creditors can also file a case against the owner and run after the owner and can proceed not only against the assets and property of the business but also the properties of the owner. Therefore the laws do not differentiate between the owner and the business, both are the same.   

The second is corporation. A corporation is an entity which is separate from its owners. Therefore, unlike a sole proprietorship, the corporation has limited liability protection. The Corporation is formed under the laws of the state in which it is operating, with Articles of Incorporation. It has shareholders, and the shares may be privately or closely held, or they may be offered for sale to the public. Corporations are taxed separately from their owners at the corporate tax rate. Since corporations are separate entities, the debts and liabilities of the corporations are also separate from those of the owners. This separation is sometimes called a “corporate shield” or “corporate veil”. The corporate veil is a term used to describe the separation of corporations from their owners. As a separate entity, the corporation is set up to shield its owners from personal liability for the debts and negligence of the business.  Since it is a separate entity, when the corporation is sued, the individual shareholders and officers cannot be brought into the lawsuit. But there are cases in which the corporation's officers and shareholders could be sued for negligence or for debts; the action of bringing in these shareholders to be sued is called "piercing the corporate veil" or "lifting the corporate veil. “There are two instances when a corporation can be sued: first, in the case of fraud, in which the corporation was found to be a sham that was set up to carry on fraudulent deals or for fraudulent purposes. In this case, they knowingly and freely pursue immoral objectives. Second, in the case of egregious and willful activity by corporate shareholders or officers who put corporate gain over the public good (Murray, 2015). Again they knowingly and freely pursue immoral intentions even though they know that the common good will be violated.

The third is a partnership. It is a legal relationship formed by the agreement between two or more individuals to carry on a business as co-owners. Unlike Corporation, the partnership is not a separate entity from its owner. Since it is not a separate entity from its owners, then the owners must take responsibility in case of business goes bankrupt. Partnership must have at least one general partner who assumes unlimited liability for the business, for actions of the partnership. It may also include limited partners who are merely investors and who do not share in the day-to-day operations of the business and who do not share in liability. The partnership must have at least two partners. Partnerships are usually registered with the state in which they do business, but the requirement to register varies from state to state.  Partnerships use a partnership agreement to clarify the relationship between the partners, the roles and responsibilities of the partners, and their respective shares in the profits or losses of the partnership (Murray, 2015)

Fourth is Trust. Trust is usually formed upon the death of an individual and is designed to provide continuity of the investments and business activities of the deceased individual (Perez, 2015). Fifth is called the non-stock nonprofit corporation. Their purpose is not for profit but it is for service or for charity. Such kind of business is exempted from tax but it needs to report its activities, income and assets to ensure that it complies with the government laws with charitable institutions or corporations. We use the term nonprofit because these organizations are not set up for the sole purpose of making a profit. Rather, they pursue public benefit purposes that are recognized by the Constitution. What makes an organization a nonprofit is: first its mission. Its mission is to undertake activities whose goal is not primarily for profit. Second, no person owns shares of the corporation or interests in its property. Third, the property and income of the nonprofit corporation are never distributed to any owners but are recycled back into the nonprofit corporation's public benefit mission and activities. In terms of ownership, it is owned by the public, it belongs to no private person and no one person controls the corporation. All its assets are dedicated to service or charity. The cash, equipment, and other property of a nonprofit cannot be given to anyone or used for anyone's private benefit without fair market compensation to the nonprofit organization (Fritz, 2015).  In terms of control, it is controlled and governed by a Board of Trustees and their function is to see to it that the organization serves its purpose and the founder does not own or control the nonprofit. The Board of Trustees does not act as individual persons but acts as a group. Nonprofit is only accountable to the public and it is therefore, it must file annual information returns to the appropriate office of the government (Fritz, 2015). 

After understanding the nature of business, now we have an idea of how businesses work. Some are taking full responsibility and others are avoiding responsibility which is allowed by law by creating a corporation. However, setting aside the discussion on the different kinds of business organization, from the definition, it gives us a clear view of what business organization is all about. Depending on the kind of business, each business has a different setup and has different level of liability. Some have unlimited liabilities, while others have limited liabilities. In the case of unlimited liabilities, then such a business cannot cover itself from legal charges and assume the damage. However, our concern in this particular topic is corporate moral responsibility. A corporation has a limited liability because it is a separate entity from its owners. The concern is: who is taking the moral responsibility or who is going to take the blame?  

Corporate Moral Responsibility and Individual Responsibility

The starting point of discussion is: is a corporation not morally or morally responsible for its actions? This question is raised because of the fact that a corporation has a limited liability. Such nature of corporations has brought controversies among theorists about whether a corporation is morally responsible or only the individual person, not the corporation. Answering the above question would be simple if we follow the previous argument on the determining factor of moral responsibility, then we can give an immediate answer to this question. As long as the act was done knowingly and willingly by the corporation, the organization is morally responsible. However, the problem becomes complicated because it is not a matter of applying such a principle but the theory of corporation makes it complicated. The idea of a corporate veil makes things harder. Pursuing this idea, we encounter a problem and the problem is a corporation has no reason and free will because it is a legal entity created by law that can carry out a business for a certain objective. It is not an individual person who acts knowingly and freely. The corporation is a separate entity from its owners and thus it has a limited liability, in the sense that it cannot take all the blame for its actions. Why? Two opposing groups present their views. Those who use the individualism methodology would argue that "corporations don't commit offences; people do (Bodenheimer, 1980). The strategy of Individualism, as revived by numerous commentators in recent years, is to abolish corporate criminal liability and rely instead on individual criminal liability (Lederman, 1985). He continued that the theoretical basis for imposing criminal liability on the corporation remains unclear. Such a situation has encouraged the trend toward a slight restriction in the scope of corporate criminal liability.

How can we apply moral responsibility and blame to a corporation? Friedman (1967) as cited by Lederman (1985) argued that many debates have come out to discuss issues related to the moral responsibility of corporations. Indeed, the very substance of the corporate body is controversial and various views concerning it have emerged. Some treat the corporate body as a mere legal fiction devoid of the ability to function independently and requiring permanent representation by human beings.  Others treat corporations as real entities claiming that the law merely recognizes the existence of corporate bodies rather than creates the corporate entities. A third group of jurists rejects both these approaches and offers additional explanations. The upholders of the theory of individual responsibility rooted in methodological individualism and its related metaphysics, argue that one cannot ascribe moral responsibility to a corporation but only to “flesh and blood” individuals who are moral persons but Soarez (2003) argued that corporations have sufficient structural complexity to be agents whom it makes sense to call to account for their actions and the consequences of those actions. It may not be possible for corporations to be responsible in the way that the individual can be but they can be responsible appropriate to corporations. J. Braithwaite and B. Fisse, (1998) in an article, “The Allocation of Responsibility for Corporate Crime: Individualism, Collectivism and Accountability” as cited by Soarez (2003) argue that methodological individualism amounts to a dualistic ontology. On the one side are individuals and on the other are corporations. Individuals are observable and therefore, real, while corporations are abstractions without the possibility of direct observations. If it is so, it is not possible to ascribe to a moral responsibility to a corporation and ideas such as agency, autonomy and rationality do not apply to a corporation. Therefore we cannot expect formal organization or their representative to take the moral blame. It is along such line of argument, that Soarez (2003) lamented that moral responsibility is a word without meaning. Amidst those conflicting discussions, however, debate along such ideas never ends because of the desire to settle the score on who is holding the moral responsibility. The question of who is holding the responsibility remains alive because of different interpretations of the nature of the corporation. Trying to settle the interpretation, Lederman (19850 suggested that distinctions must be made between human beings and corporate bodies. Those distinctions are not to clear one and punish one but to clear the responsibility in terms of the extent to which both are responsible morally. Some argue that even assuming that the individual desires of a group of people working in concert can form a "collective will" as a result of the interdependence and mutual influence within the group, and even assuming that this synthesis of desires is distinct from the separate wills forming it (Braithwaite &b Fisse, 1998), the problem of personifying the corporate body is not thereby brought to a clear-cut solution. The corporate entity is an enterprise devoid of the physical ability characteristics of the human race. Man possesses consciousness and physical aptitude, as well as the power to exercise them. Corporate bodies, in contrast, are bereft of those capacities and depend totally on a human source to function.

To clear such issue, Soarez (2003) presented two arguments from two contestants: Nominalists and realists. For the Nominalists, corporations are collections of individuals or aggregations of human beings. The Realists argue that a corporation has its own existence and meaning as well as a moral/legal personality of its own. He further emphasized that both of these views have implications for moral and legal responsibility. In the Nominalists' view, corporations do not exist apart from their members; any blameworthiness or responsibility can only be obtained from the culpability of an individual employee. Therefore, in line with this nominalist view, corporations are moral persons in the sense that they are entities and they are intentional actors. Corporations are entities with a dominant role to play in our society. Corporations are more than mere collection of individuals which means that they are capable of moral decisions and therefore susceptible to moral blame. However, this would leave one with the problem of deciding whether the corporations should be responsible for the behaviour of their employees or only for some of them. Definitely, if employees or employees act on behalf of the corporation because they are or he/she is carrying out their duty or/duly authorized by the corporation, then, in this case, the corporation has to take the blame. In the realist's view, corporations represent something beyond individuals which means that following this point of view, it may be possible to find a new candidate for attributing responsibility. In the realist's view, the corporation is not morally responsible. However, Lederman (1985) settles this issue by using the conspirator theory. He said that the theory of conspiracy holds any conspirator liable for crimes committed by fellow conspirators in the furtherance of the conspiracy, even if the conspirator was not capable of committing the offence himself. The analogy to the theory of corporate criminal liability suggests that each breach of law the corporate body has been accused of is in furtherance of an offence previously plotted between the corporation and the perpetrator. Hence, the corporation is criminally liable for the acts of the perpetrator in the execution of the plan of the conspiracy.  

Based on those arguments presented in the discussion, we can settle our case on the question of   “who is taking the blame?”  Following the argument, the traditionalists and the nominalists definitely would answer that the one who is taking the blame is an individual person or employees because they are the ones who have reasons and freedom. They have the knowledge of what is right and what is wrong and the knowledge of what is good and what is bad. Therefore using their freedom, individual employee or employees could refuse to carry out a job which is not moral, even though they or she/he is authorized to do so. Further, they argue that individuals had to carry out the particular actions that brought about the corporate act. Contrary to the traditionalists' and nominalists’ view, French (1979) as cited by Velasquez (1998) claimed that when an organized group such as a corporation acts together, their corporate acts may be described as the act of a group and consequently the corporate group and not the individuals who make up the group must be held responsible for the act. Take an example, the defective product of beauty product cannot be attributed to the individual person but it is attributed to the corporation or the company where the product is made, so long the cause of defective product was not caused by the individual employee but a consequence of following the order of the company. Velasquez pointed out that more often than not, employees of large corporations cannot be accused of “knowingly and freely” joining their actions together to pursue corporate objectives. Often time they may not be aware of the intention and the ends/objective of the corporation’s act because they are not involved in the discussion during the planning process and they have no way of finding it out and are not capable of stopping it. In this case, the excusing factor is ignorance and inability.

However there are situations wherein employees know that the corporation’s plan is immoral, however, they just ignore it because they have no power and no choice to do otherwise except to follow the order. They can question and withdraw their cooperation but they choose to go along because of the fear and pressure that they might be fired. However, such a situation could not be used as an excuse by the employees or employees from their moral responsibility. Velasques (1998) claimed that following orders out of fear of his/her boss cannot absolve the employees/employees from moral responsibility. Unwillingly cooperating with the corporation to do a certain crime cannot excuse him/her from moral accountability because such reason is not serious enough to cause his/her mind to go blank but she/he is still in full control of her knowledge about the wrongness of her/his action. For example, an employee was authorized by his/her employer to put a bump near the gate of their business competitors. The employee cannot claim that he/she is just following orders because the employee knows that it is wrong but still doing it. Doing a certain crime because of fear, threat, and uncertainties may lessen or mitigate the moral responsibility of the employees. The employees/ employee can only be exempted from moral responsibility if the employees/employee is found to be in complete ignorance about the wrongness of their act and if he/she was coerced by his/her boss to commit a certain crime, however, such reason can only be accepted if the coercion was very serious up to the point that her reason cannot function well.  Moral responsibility requires merely that one acts knowingly and freely and it is irrelevant to use the reason of “following orders only”. Following orders because of pressure may only mitigate the employee’s moral responsibility over the crime.  

 Conclusion

Moral standards are applied to all who are called rational beings, be it an individual person or a corporation. Consequently, all must take responsibility if they are found to violate moral standards. We conclude that employees and corporations are morally responsible for the crime they have committed. However moral responsibility depends on the circumstance in which how the crime is committed. The determining factors of the moral responsibility of a corporation are knowledge and freedom or free will. Though a corporation is a separate legal entity from the owner and is not considered as an individual person, however, a corporation is composed of rational human beings who have knowledge and freedom. There are situations in which, as a group, it knowingly and freely pursues objectives that are in violation of moral standards.   When they violate ethical standards, they are acting as a group with full knowledge and free will. Employees are acting on behalf of the corporation. They are authorized by the corporation to carry out their job as prescribed by the organization or in other words, they are just doing their job. However, employees cannot just wash their hands and throw the blame to the corporation because the elements of reason and free will are retained with them. Thus as individual employees, he/she has still the freedom to choose to follow or not to follow if the order is not moral.

It is based on such argument, that we conclude that both: employees and corporations are morally responsible to the crime committed by the corporation. This position may be opposed by those who are using the argument of individualism methodology; however, our determining factor is knowledge and free will. As long as these two factors are present in certain acts, then the corporation is morally responsible. In this regard, we have a group and individual moral responsibility. Individual responsibility maintains that only individual human agents can be held morally responsible, and group responsibility maintains that groups, such as corporations, can be held morally responsible as a group, independently of their members.  These opposing positions rest on a deeper conflict between methodological individualists, for whom all social phenomena, such as group activities, can be explained by reference only to facts about individual humans, and methodological holists who defend the ontological position that there are social groups capable of actions that cannot be reduced to the actions and interests of their individual members. Though they are using different approaches, the two approaches lead to the same conclusion that both individual employees and corporations are morally responsible because both are still considered rational beings who have knowledge and free will. 

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