Responsibility of the Organization and Responsibility of its Individual Members : Approaches from Social Psychology, Philosophy of Law and Economics, and their Integration

在法哲学领域，个人社会单位的责任归属通常是从矫正正义或报应正义的角度来讨论的，但本质上这是一个分配正义的问题，或社会不良在社会单位之间的分配问题。因此，责任归于谁的问题，就是按照一定的公共标准对某些社会价值进行责任分配的问题，以及一个组织的成员和组织本身如何分担责任的问题，可以从自由、平等和效率的角度来考虑，这些都是一个社会所采用的公共价值标准。其次，我们进行了邮寄问卷调查，以调查公众对责任归属的态度。主体是经历过反垄断法实施的企业。主要发现如下。I)责任归因是分散的，受试者对组织中个人成员的归因不是积极的。二)如果个别成员受到刑法的惩罚，臣民对他/她表示同情。三)我们无法发现，即使一个组织规模庞大、官僚作风，个人责任也不能凌驾于集体责任之上。四)在损害对组织造成严重损害的情况下，受试者往往会找到责任归属于个人的人。第三，从法的经济分析角度对归责责任进行考察。运用交易成本经济学和委托代理理论，分析了在组织违法并造成损失和损害的情况下，组织及其成员个体如何承担责任。结论取决于一些变量。变量的示例如下所示。I)在多大程度上公布了关于该组织的信息。Ii)成员在多大程度上采取与组织有关的机会主义行为。

Attribution of responsibility to an individual social unit is usually discussed in terms of corrective justice, or retributive justice in the field of philosophy of law, but in essence it is a problem of distributive justice, or distribution of social bads among societal units. Therefore, to whom responsibility is attributed is the problem of the distribution of responsibility by a certain public standard on some social values, and in what manner members of an organization and the organization itself share responsibilities can be considered in terms of liberties, equality and efficiency that are all public value standards adopted by a society. Second, we conducted a mail questionnaire survey in order to investigate the public attitudes towards attribution of responsibility. Subjects are firms which experienced the enforcement of the anti-trust law. Major findings are as follows. i) Attribution of responsibility is diffuse, and subjects are not positive to attribution to an individual member in the organization. ii) If an individual member is penalized by the criminal law, subjects sympathize with him/her. iii) We cannot find that individual responsibilities overcome collective responsibilities even if an organization is large and bureaucratic. iv) In case that damages are serious to the organization, subjects tend to find an individual to whom responsibility is attributed. Third, we investigate responsibilities of attribution in terms of economic analysis of law. By economics of transaction cost and principal-agency approach, we analyze how an organization as such and its individual members bear responsibilities in case that an organization deviates from the law and the deviance brings about losses and damages. The conclusion depends on some variables. The examples of the variables are as follows. i) To what extent information about the organization is published. ii) To what extent a member adopt opportunistic behavior in relation to the organization.