Problems of Conduct: An Introductory Survey of EthicsDrake, Durant
Philosophy
Problems of Conduct: An Introductory Survey of Ethics
Drake, Durant
Ethics
(2) We cannot rely wholly upon the force of public opinion, however;
the law must be ready to check those who are insensitive to moral
restraints. One by one, the paths of evildoing must be blocked.
Especially must the law learn how to punish corporations, which have
been the greatest offenders. At present the stockholders throw
responsibility upon the directors, the directors upon their managers,
and they upon the subordinates who have personally carried through
the evil practices. But to punish these subordinates is ineffective,
because they have, in general, little money wherewith to pay fines,
and will be ready to run the risk of imprisonment for the sake of
pleasing their superiors and earning promotion. If they are imprisoned,
others can readily be found to step into their places and higher up.
It is these superiors who must be held responsible for acts done by
their subordinates. If they realize the risk of punishment falling
upon their own heads, they will see to it that illegal practices are
discontinued. It will probably be necessary to hold directors responsible
for the conduct of their managers, and stockholders for the character
of their directors. It will then become the business of owners and
directors to watch out for lawbreaking and to put men in control who
will keep to fair dealing. This will put an end to the easy assumption
of the directorship of several corporations at once by men whose names
are wanted; directorship will be made to imply actual attention to
the affairs of the business. And the stockholders will take pains to
elect such directors as will not incur fines for the corporation that
will lessen their dividends. [Footnote: For comment on this matter,
see Outlook, vol. 88, p. 862.]
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