ON THE FACELESSNESS OF EVIL: HOW BOARD MECHANISM EXPLAIN UNETHICAL DECISIONS

3rd Annual International Forum on Ethics

CLÉMENT LABI

WILLY TADJUDJE

THIS IS A SEQUEL OF SORTS TO: “ARE CODES OF BUSINESS ETHICS ETHICAL?” SCIENTIA MORALITAS VOL. 3, NO. 2, 2018

THE CLASSICAL NOTION OF LEGAL RESPONSIBILITY TRIES TO APPROXIMATE MORAL RESPONSIBILITY MOSTLY CONCEPTUALISED IN TERMS OF INDIVIDUAL MORALS

BREACH OF DUTY FREEDOM OR LIBERTY (WITH THE TERRYFYING CONSEQUENCE OF RESPONSIBILITY) WRONG, FAUTE (SIN?) AUTHORITY, CUSTODY COMMAND

MOSTLY IN CRIMINAL LAW, RESPONSIBILITY IS LINKED TO THE CONCEPT OF INTENT. THEREFORE, THE DEED DONE UNDER DURESS OR IN THE ABSENCE OF CONSCIOUSNESS IS NOT CRIMINAL (MORE ON THAT LATER)

FUNDAMENTALLY, OUR CONCEPT OF RESPONSIBILITY RELIES ON THE IMAGE OF THE INDIVIDUALS AS AUTONOMOUS AND CAPABLE OF JUDGMENT.

A FAULT REQUIRES METAPHYSICAL DRAMA A BREACH ONLY REQUIRES DEVIATION FROM A STANDARD. ΑΜΑΡΤΊΑ ≅ חטא

NEW IDEAS STRICT LIABILITY / ABSOLUTE LIABILITY VICARIOUS LIABILITY / RESPONDEAT SUPERIOR

"IT IS HARD TO EXPLAIN WHY A MASTER IS LIABLE TO THE EXTENT HE IS FOR THE NEGLIGENT ACTS OF ONE WHO, AT THE TIME, REALLY IS HIS SERVANT, ACTING WITHIN THE GENERAL SCOPE OF HIS EMPLOYMENT. PROBABLY MASTER AND SERVANT ARE 'FEIGNED TO BE ALL ONE PERSON' BY A FICTION ..."

WHAT ABOUT OPPORTUNITY ?

CORPORATIONS EXIST ON THE BASIS OF LIMITED LIABILITY NOT ONLY FOR SHAREHOLDERS BUT ALSO FOR EXECUTIVES

NO ONE “LIKES” RISKS, BUT ONE MIGHT LIKE THE COMPENSATION OF RISK HENCE THE UBIQUITY OF “D&O” INSURANCE

CORPORATIONS AIMS TO DO THREE THINGS WITH THEIR LIABILITY: - MUTUALISATION - MITIGATION - DILUTION THE BUCK NEVER STOPS.

MANY MODERN CONCEPTS SEEK TO DILUTE THE INDIVIDUAL POWERS OF THE EXECUTIVES - THE BOARD OF DIRECTORS MULTIPLICATION OF COMMITTEES - MANAGEMENT BY OBJECTIVES - “SHAREHOLDER DEMOCRACY”

THE MAIN ISSUE IS THAT EXECUTIVES LIKE TO KNOW THE RULES. ALSO, THE LAW CANNOT GAUGE INTENTS, ONLY THEIR PHYSICAL MANIFESTATIONS

CORPORATE CRIMINALS TEND NOT TO ACT ON IMPULSE THEY NEED PLAUSIBLE DENIABILITY

THE PROBLEM IS COMMON TO ALL ORGANIZATIONS. NO-ONE WANTS TO BE CONVICTED OF A GENOCIDE.

NOT ONLY IS GENOCIDE DENIAL PART OF GENOCIDE… BUT BUILDING DENIABILITY IS ALSO AT THE CORE OF GENOCIDE PREPARATION

WORKING TOWARDS THE FÜHRER.

WHO INVADED THE EMBASSY?

CORPORATIONS DO NOT BEHAVE WORSE THAN OTHER ORGANIZATIONS. BUT NO ONE WILL ACCEPT LESS POWER WITH THE SAME AMOUNT OF RESPONSIBILITY. CORPORATIONS ARE NOT PEOPLE, BUT PEOPLE ARE PEOPLE.

IN AN ORGANISED ENVIRONMENT, CRIME DEMANDS ORGANISED IRRESPONSIBILITY.