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

在法律哲学领域，人们通常从纠正正义或报应正义的角度来讨论个人社会单位的责任归属，但本质上，这是一个分配正义的问题，或在社会单位之间分配社会弊病。因此，责任归谁，是在某种社会价值上，由某种公共标准来分配责任的问题，一个组织的成员和组织本身以何种方式来分担责任，都可以从自由、平等和效率这三个社会所采用的公共价值标准来考虑。其次，我们进行了邮件问卷调查，以了解公众对责任归因的态度。研究对象是经历过反垄断法实施的公司。主要研究结果如下。i)责任归因是分散的，被试对归因到组织中的个体成员不积极。（二）如果个别成员受到刑法处罚，各臣民对其表示同情。iii)即使一个组织庞大而官僚，我们也无法发现个人责任胜过集体责任。（四）在对组织造成严重损害的情况下，主体倾向于寻找责任人。第三，从法律经济分析的角度考察归因责任。运用交易成本经济学和委托代理方法，分析了在组织偏离法律并因偏离法律而造成损失和损害的情况下，组织本身及其成员个人应如何承担责任。结论取决于一些变量。这些变量的示例如下。i)该组织的信息在多大程度上被公布。ii)成员采取机会主义行为的程度与组织有关。

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.