University of Hertfordshire Research Archive

        JavaScript is disabled for your browser. Some features of this site may not work without it.

        Browse

        All of UHRABy Issue DateAuthorsTitlesThis CollectionBy Issue DateAuthorsTitles

        Arkivum Files

        My Downloads
        View Item 
        • UHRA Home
        • University of Hertfordshire
        • Research publications
        • View Item
        • UHRA Home
        • University of Hertfordshire
        • Research publications
        • View Item

        The Corporate Baby in the Bathwater: Why Proposals to Abolish Corporate Personhood Are Misguided

        View/Open
        GindisSinger2021_JBE.pdf (PDF, 359Kb)(embargoed until 23/01/2023)
        Author
        Gindis, David
        Singer, Abraham
        Attention
        2299/25329
        Abstract
        The fear that business corporations have claimed unwarranted constitutional protections which have entrenched corporate power has produced a broad social movement demanding that constitutional rights be restricted to human beings and corporate personhood be abolished. We develop a critique of these proposals organized around the three salient rationales we identify in the accompanying narrative, which we argue reflect a narrow focus on large business corporations, a misunderstanding of the legal concept of personhood, and a failure to distinguish different kinds of constitutional rights and the reasons for assigning them. Corporate personhood and corporate constitutional rights are not problematic per se once these notions are decoupled from biological, metaphysical or moral considerations. The real challenge is that we need a principled way of thinking about the priority of human over corporate persons which does not reduce the efficacy of corporate institutions or harm liberal democracies.
        Publication date
        2022-01-23
        Published in
        Journal of Business Ethics
        Published version
        https://doi.org/10.1007/s10551-021-05019-4
        Other links
        http://hdl.handle.net/2299/25329
        Relations
        Hertfordshire Business School
        Metadata
        Show full item record

        Related items

        Showing items related by title, author, creator and subject.

        • Do Corporations Have an Immortal Part? The Need to Prove Damage in Corporate Libel : Baroness Hale's Dissent in Jameel v Wall Street Journal Sprl [2006] UKHL 44 

          Geach, Neal (Wildy, Simmons and Hill, 2012)
          Argues that the opinion of Baroness Hale in the case of Jameel v Wall Street Journal Sprl [2006] UKHL 44 should have prevailed in the case so that corporations have to prove special damage, or the likelihood of it occurring, ...
        • Analysing The Corporate Social Responsibility Strategies by Extractive Multinational Corporations in Cameroon 

          Gheyoh Ndzi, Ernestine; Ollong, Kingsley Awang (2016-10-01)
          Extractive industries are by their nature capital intensive, requiring both human and technical competence. This has necessitated the domination of the industry by Multinational Corporations from developed countries who ...
        • A role for corporate sustainability strategy in the Garden City 

          Palframan, L.; Jenkins, J.O.; Zhang, X. (2010)
          This paper discusses the response of the Letchworth Garden City Heritage Foundation to the sustainability agenda. The Heritage Foundation owns and manages the Letchworth Garden City Estate which includes housing, commercial ...
        Keep in touch

        © 2019 University of Hertfordshire

        I want to...

        • Apply for a course
        • Download a Prospectus
        • Find a job at the University
        • Make a complaint
        • Contact the Press Office

        Go to...

        • Accommodation booking
        • Your student record
        • Bayfordbury
        • KASPAR
        • UH Arts

        The small print

        • Terms of use
        • Privacy and cookies
        • Criminal Finances Act 2017
        • Modern Slavery Act 2015
        • Sitemap

        Find/Contact us

        • T: +44 (0)1707 284000
        • E: ask@herts.ac.uk
        • Where to find us
        • Parking
        • hr
        • qaa
        • stonewall
        • AMBA
        • ECU Race Charter
        • disability confident
        • AthenaSwan