Managerial Discretion, Market Failure and Democracy
探讨管理者在解释伦理要求时拥有的自由裁量权缺乏民主正当性，引入希思的市场失灵方法并指出其允许过宽自由裁量权，进而比较通过正式国家机构与非正式公共领域两种民主输入来缩小这一范围，以制药业案例说明非正式公共领域路径的优势。
Managers often have discretion in interpreting their ethical requirements, and they should seek democratic guidance in doing so. The undemocratic nature of managerial ethical discretion is shown to be a recurring problem in business ethics. Joseph Heath's market failures approach (MFA) is introduced as a theory better positioned to deal with this problem than other views. However, due to epistemic uncertainty and conceptual indeterminacy, the MFA is shown to allow a much wider range of managerial discretion than initially appears. The paper explores how this range can be narrowed down with democratic input, comparing models based on formal state institutions and on the informal public sphere. A case study from the pharmaceutical industry illustrates the merits of the informal public sphere approach.