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Points by Prof: Compare 3 doctrines with Morality Three doctrines are: Ultra Vires, Constructive Notice, Indoor Management Conflicts Contributions – Infy, HDFC, Wipro (Success); Satyam, NEPC (Failure) 4 Principles – Dharma, Artha, Kama, Moksha 4 Stages – Brahmacharya, Sadhana, Grishasthashram, Vanaprastashram Moral responsibility Moral responsibility assumes a capacity for making rational decisions, which in turn justifies holding moral agents accountable for their actions. Morality gives reasons for action, and moral agents must in principle be capable of choosing to act morally, and of acting on the basis of a moral reason. People who lack a capacity for rational decision-making cannot be held morally responsible for their actions. In case this requirement strikes you as too stringent, ask yourself why adults are held responsible for the welfare (and sometimes the actions) of children. Adults have moral responsibility for children because children lack a developed capacity for rational decision-making, and adults, other things being equal, are taken to have such a capacity. Given that moral agency entails responsibility, in that autonomous rational agents are in principle capable of responding to moral reasons, accountability is a necessary feature of morality. Moral agents have negative responsibilities at least, and can be held to account for violating these. A thicker sense of accountability derives from the roles we occupy. Responsibilities attach to roles, for example professional responsibilities, and roles sometimes are defined in terms of responsibilities. I can be held to account for my fulfilment of my role-given responsibilities. The content of responsibility Agents can be morally, legally, or causally responsible. Our focus here is on moral responsibility, without denying the importance of the other two kinds of responsibility for morality. The sources of moral responsibility—the grounds on which moral responsibilities can be ascribed to agents—include our past actions, our roles, and our developed moral agency. The last of these—being capable of recognising the force of
or that corporate moral responsibilities are restricted to those imposed by ownership rights. Moral responsibilities change over time and between agents. and the impact of corporate products and activities. and so of accountability. But the link between responsibility and accountability holds for other-regarding acts. Corporate moral responsibility Corporations are legal entities with legal rights and responsibilities. In both their internal and external interactions they make commitments. Where I have a responsibility either to commit an act or to refrain from acting. Others are justified in expecting us to fulfil these. and can be shared. I can be accountable without being morally responsible. have duties of care. Accountability and responsibility are distinct. except perhaps myself. the roles of corporations as suppliers of goods and services and as employers. Second. corporations participate in the moral sphere just as much as individuals and organisations of other types. I can be held to account.moral reasons. Given the sometimes-fluid nature of moral responsibility. I can be morally responsible for some purely self-regarding act without being accountable to anyone. Corporations exercise social and economic power. make it reasonable to talk about their moral responsibility. identifying who is responsible for what can be difficult. They can be shared. First. Also amongst our responsibilities are those attached to our roles. and they can be contested. such as political parties and sports associations. responsibility does imply accountability. say for some state of affairs that pre-existed my occupying a relevant role. In many circumstances. and can cause harm to individuals and social institutions. and so on. and of responding to them—is a pre-requisite for the other two sources of moral responsibility. or because I occupy the role of account-giver in an organisation. Are corporations the kind of entities that have moral responsibilities? Two fundamental considerations count against claims that corporate activity only generates legal responsibilities. Even though moral responsibility is not always fixed or explicit. depend on trust. and in holding us to account. the general point about responsibility and accountability remains. . and for role-related circumstances where I do have moral responsibility.
2) Constructive notice Constructive notice is a legal fiction used in the law of both common law and civil law systems to signify that a person or entity is legally presumed to have knowledge of something. However. express or implied. Since the powers exercised by any officer of an organization are limited by the constituting or vesting instrument (such as a memorandum of association). Latin for. This involves related issues about individual. even if they have no actual knowledge of it. This principle means that someone cannot deny knowledge of a fact because they have a duty to inquire. Its opposite is intra vires (within the powers). A list of a corporation's members and their functions does not provide a full description of the corporation as constituted by its legal standing and its social and economic roles. This rule is applicable to all powers. beyond the powers. collective and corporate identity on the one hand and about moral agency on the other. The three doctrines are as follows 1) Ultra vires valid excess of authority or power exercised by an entity.Philosophical theories of corporate moral responsibility often focus on the notion of agency. It makes sense to think of corporations as having both individuals and collectives as their members. and each director may be personally liable. . created by a contract or statute. any act outside those limitations is ultra vires and may be challenged in the courts. neither the firm nor a third party may use ultra vires as an excuse or defense to invalidate a contract. but its members don't by themselves constitute a corporation. Stockholders (shareholders) may sue the directors of a firm for recovery of losses resulting from their ultra vires acts. Constructive notice is a legal term meaning that persons are assumed to have knowledge of something by virtue of the fact that it is in the public record. whereas an incorporated firm has no liability beyond its corporate powers.
which are basic activities that all people can or ought to pursue. Vaishya. Certain general principles or categories were devised that provide a blueprint of Indian social life as a whole. such as “wealth”. toward our family. “work”. or a complex way of living.” or Dharmashastras. are not bound to inquire the regularity of any internal proceeding. and every follower is obligated to act in accordance with the rules prescribed for the caste in which he or she belongs (Brahmins. while persons contracting with a company are presumed to know the provisions of the contents of the memorandum and articles. Artha. Dharma is a duty– it is reflected from the sacred texts of Vedas. Hinduism recognizes the importance of material wealth for the overall happiness and well being of . Shudra and the group that is not part of the caste system “the untouchables”). It is no part of duty of any outsider to see that the company carries out its own internal regulations. Kama. These rules and regulations are set forth in the group of smriti texts called “law books. 1) Dharma The first purpose of life is Dharma which has many meanings. our goals and purposes. In other words. and Moksha. such as “law”. and toward the community—it also defines our social and molar code. “custom” and “religion”. “duty”.3) Indoor management The Doctrine of Indoor Management lays down that persons dealing with a company having satisfied themselves that the proposed transaction is not in its nature inconsistent with the memorandum and articles. Dharma. 2) Artha The second purpose of life is Artha which has many English meanings. they are entitled to assume that the provisions of the articles. and punishment for our behaviors. Dharma’s constitution defines our roles and responsibilities toward ourselves. In Hinduism there is not one purpose of life. 4 Principles Classical Hinduism involves many rules and regulations regarding the social life—which at times could seem difficult. and “business”. but four purposes which are. Kshatriays. they are entitled to assume that the officers of the company have observed the provisions of the articles.
watching movies. reading. Followers of Hindu religion are supposed to pursue the practice of spirituality and mediation (yoga). and singing. Sex should be enjoyable. but for us to enjoy sex it must be within the regulations. so that they can see and feel the “truth” which will lead them to the liberation with Brahman. and with glue you can attach to things or objects. The four purposes of life balances human life and it makes life more enriched and rewarding. The main goal of each believer is to release him or herself from the continuing round of rebirth and transmigration—a guru is person that helps followers find the right path. because attachments create delusions in our life and with delusions we can’t see the “truth” to free ourselves from the cycle. Wealth (many forms such as land) and money is good to own.an individual. A person has to work because he or she has many duties to perform for Dharma. The purpose of the four goals is to ensure that people would not neglect their obligated duties in the state of a deluded mind that is caused by desires and some desires have negative effects on society and their family. he or she should do so by following the rules and not engage in work that will go against their belief. 3) Kama :The third purpose of life is Kama and it translates to “desire” and “pleasure”. but the only problem is that you will have pain or a hard time trying to un-glue yourself from what you were attached to). but it should not be an attachment to an individual– it should only serve one purpose and that purpose being to support his or her family. Only married couples can engage in the pleasurable activity of sex. Following the four categories will bring a dream closer to reality and that reality being liberation. When a person is trying to make a living to support his or her family. but make sure you balance it so that you don’t get too attached (think of it as being glue. Sex is a duty for every person. but it is up to each individual to follow them or not. and if the husband or the wife commits adultery they are a committing a sin which people see as a disgrace to the community. It is ok to engage in activates such as dancing. Hindus usually at old age retire from their family and the “world”. 4) Moksha :The fourth purpose of life is Moksha and it means “release” and “salvation”. but not to a point where a person is addicted to it. . and individuals need to work to support their families and others.
Grihastha. in which the individual withdraws from active participation in the world to consolidate the experiences gained through the first two stages. That of grihastha is the implementation of what has been learned to attain stability in all dimensions (social. The different plateaux represent a type of fulfilment. is the first stage. The last stage is sannyasa (renunciation) in which the wisdom acquired over a lifetime of interaction and reflection is given back to enrich society. the path has been laid out and defined as jignasu. in which the learned skills and trades are applied to surviving and attaining the plateau in life known as status. emotional. the novice or pupil.4 Stages – Brahmacharya. These are the inherent qualities of all the different plateaux and therefore. Vanaprasthashram There are four stages of evolution: brahmacharya. financial. Sadhana. in order to deepen the experience of sannyasa. in which one learns the skills and trades of society and survival. is the stage of the householder. etc. This is reached when both the individual and others recognise the individual's position in society. literally translated as 'the forest dweller'. That of brahmacharya is learning. personal. kama (desire). In all stages the individual is subject to dharma (duty). artha (security) and moksha (the desire for liberation). Grihasthashram. karma and poorna sannySA . Third is vanaprastha.) of life.