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Business Ethics After Citizens United: A Contractualist Analysis

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  • David Silver

Abstract

In Citizens United v. Federal Election Commission ( 2010 ), the US Supreme Court sharply curtailed the ability of the state to limit political speech by for-profit corporations. This new legal situation elevates the question of corporate political involvement: in what manner and to what extent is it ethical for for-profit corporations to participate in the political process in a liberal democratic society? Using Scanlon’s version of contractualism, I argue for a number of substantive and procedural constraints on the political activities of businesses. Central to this contractualist analysis is (1) an identification of the self-governance-based interests of individuals that are affected by corporate political activity and (2) a method for judging the various assignments of social rights, duties and roles according to how they collectively meet those interests. Together, these two features make this contractualist approach distinctive and allow it to generate substantive ethical results. Copyright Springer Science+Business Media Dordrecht 2015

Suggested Citation

  • David Silver, 2015. "Business Ethics After Citizens United: A Contractualist Analysis," Journal of Business Ethics, Springer, vol. 127(2), pages 385-397, March.
    • Handle: RePEc:kap:jbuset:v:127:y:2015:i:2:p:385-397
    DOI: 10.1007/s10551-013-2046-y
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    References listed on IDEAS

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    1. David Silver, 2012. "Citizens as Contractualist Stakeholders," Journal of Business Ethics, Springer, vol. 109(1), pages 3-13, August.
    2. Buchanan, Allen, 1985. "Ethics, Efficiency and the Market," OUP Catalogue, Oxford University Press, number 9780198285335.
    3. Whelan, Glen, 2012. "The Political Perspective of Corporate Social Responsibility: A Critical Research Agenda," Business Ethics Quarterly, Cambridge University Press, vol. 22(4), pages 709-737, October.
    4. Weber, Leonard J., 1997. "Ethics and the Political Activity of Business: Reviewing the Agenda," Business Ethics Quarterly, Cambridge University Press, vol. 7(3), pages 71-79, July.
    5. van Oosterhout, J. (Hans), 2008. "Transcending the Confines of Economic and Political Organization? The Misguided Metaphor of Corporate Citizenship," Business Ethics Quarterly, Cambridge University Press, vol. 18(1), pages 35-42, January.
    6. Hsieh, Nien-hê, 2009. "Does Global Business Have a Responsibility to Promote Just Institutions?," Business Ethics Quarterly, Cambridge University Press, vol. 19(2), pages 251-273, April.
    7. Néron, Pierre-Yves & Norman, Wayne, 2008. "Citizenship, Inc. Do We Really Want Businesses to Be Good Corporate Citizens?," Business Ethics Quarterly, Cambridge University Press, vol. 18(1), pages 1-26, January.
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    Cited by:

    1. Anne Sachet-Milliat & Jacques Igalens, 2019. "Le lobbying en France: une approche par le concept de corégulation," Post-Print hal-02872767, HAL.
    2. David Silver, 2021. "Democratic Governance and the Ethics of Market Compliance," Journal of Business Ethics, Springer, vol. 173(3), pages 525-537, October.
    3. Samuel Mansell & John Ferguson & David Gindis & Avia Pasternak, 2019. "Rethinking Corporate Agency in Business, Philosophy, and Law," Journal of Business Ethics, Springer, vol. 154(4), pages 893-899, February.
    4. Mathieu Alemany Oliver, 2022. "Navigating Between the Plots: A Narratological and Ethical Analysis of Business-Related Conspiracy Theories (BrCTs)," Journal of Business Ethics, Springer, vol. 175(2), pages 265-288, January.
    5. Abraham Singer, 2018. "Justice Failure: Efficiency and Equality in Business Ethics," Journal of Business Ethics, Springer, vol. 149(1), pages 97-115, April.
    6. Mathieu Alemany Oliver, 2020. "Navigating Between the Plots: A Narratological and Ethical Analysis of Business-Related Conspiracy Theories (BrCTs)," Post-Print hal-03289831, HAL.

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