The Corporate Baby in the Bathwater: Why Proposals to Abolish Corporate Personhood Are Misguided
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.
Published inJournal of Business Ethics
RelationsHertfordshire Business School
MetadataShow full item record
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  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  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 ...
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 ...