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Is 'Corporate Citizen' an Oxymoron?

theodp writes "Citing expert testimony from a recent House Science Subcommittee hearing on Globalizing Jobs and Technology, The Economic Populist challenges the conventional wisdom that maximizing profits should be a corporation's only responsibility, suggesting it's time for the US to align its corporations to the interests of the nation instead of vice versa. Harvard's Bruce Scott warns that today's global economy is much like the US in the later 19th century, when states competed for funds generated by corporations and thus raced to the bottom as they granted generous terms to unregulated firms. Sound familiar, Pennsylvania? How about you, Michigan?"

39 of 373 comments (clear)

  1. So, basically by NJVil · · Score: 3, Insightful

    this is advocating a form of fascism, right?

    1. Re:So, basically by Adambomb · · Score: 5, Insightful

      Fascism is a government, faction, movement, or political philosophy that raises nationalism, and frequently race, above the individual and is characterized by a centralized autocratic state governed by a dictatorial head, stringent organization of the economy and society, and aggressive repression of opposition. In addition to placing the interests of the individual as subordinate to that of the nation or race, fascism seeks to achieve a national rebirth by promoting cults of unity, energy and purity [1]

      Yep. Partly.
      --
      Ice Cream has no bones.
    2. Re:So, basically by boneglorious · · Score: 5, Insightful

      Why should a corporation be treated as an individual?

      I will treat a corporation as an individual the day a corporation is sent to jail for stealing pension funds!

      Or maybe it should be treated like the individuals who run corporations (and make decisions) but who never seem to be punished for their egregious misdeeds, because, "oh, it was the corporation that did it"?

      --
      Can I mod something +1 Scary if it's true but I wish it weren't?
    3. Re:So, basically by clang_jangle · · Score: 4, Insightful

      You have just put your finger on the root of the problem -- "The corporate entity" is a construct which should never have been permitted. The USA has become a socialist state for large corporations and a feudal state for humans.

      --
      Caveat Utilitor
    4. Re:So, basically by stretch0611 · · Score: 4, Insightful

      Chinese corps accountable for their actions? Are you blind? The reason why there are some many lead-based product recalls, that huge liver drug problem over the last 18 months, and things like the pet food recall is because many chinese companies operate in an environment without repercussions where they can use toxins as "filler material."

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    5. Re:So, basically by Anonymous Coward · · Score: 4, Insightful

      Nobody knows what fascism really is.
      The National Socialists of Germany were fascist and in a very real sense, so are all the communist states which implies socialism as well.

      The definition that was quoted could encompass just about any organization.

      As far as I can tell, if someone does not like an organization, they call it fascist. Heck, Greeenpeace meets the definition.

    6. Re:So, basically by Original+Replica · · Score: 4, Insightful

      If one accepts that a corporation should be treated as an individual

      ... then when a corporation breaks a law, they should be removed from society for the duration of the applicable prison sentence. So instead of an OSHA fine, a corporation that has a fatal worker injury due to failure to follow standards should be on trial for involuntary manslaughter, and serious injuries should be treated as criminal recklessness. The problem arises when you stop to ask "What does everyone who worked for that company do during it's prison term?" or "What do you do the the assets of a company that earned a life sentence?"

      The problem is, that corporations aren't people. Attempting to treat them as such is ludicrous.

      --
      We are all just people.
    7. Re:So, basically by MrMr · · Score: 2, Insightful

      Why should a corporation be treated as an individual?
      Because that allows the owners of the corporation to shift the blame for their actions (or 'limit the liability' to use the common euphemism).

    8. Re:So, basically by catchblue22 · · Score: 4, Insightful

      It makes me laugh when right wingers such as Glenn Beck attempt to co-opt the definition of fascism, applying it to those to whom they disagree with, when the word would be best applied to the very right wingers throwing the term at others. This seems like a strategy of misdirection and confusion, an attempt to make it more difficult to recognize the real fascists.

      At the core of fascism is a worship of power, of strength. Fascists despise the weak. In the case of WW2 fascists, they sought to destroy the weak, the degenerates, the Jews, anyone who didn't fit their idea of strength.

      The modern fascists also worship strength and power. They despise the modern welfare state because they see social programs as a way of supporting the weak at the expense of the strong, supporting the poor at the expense of the rich. They profess to support the free market, because in their view the free market punishes the weak, while rewarding the strong. The free market is survival of the fittest, and that idea is at the core of fascist thinking.

      For right wingers to call liberals fascists is like Orwell's 1984, where "freedom equals slavery". Can you imagine Hitler supporting mentally challenged people? Of supporting the rights of homosexuals? Of supporting religious tolerance? Wake up folks! Learn to recognize a mind-fuck when you see it!

      --
      This and no other is the root from which a tyrant springs; when first he appears as a protector - Plato (423 to 327 BC)
    9. Re:So, basically by mc6809e · · Score: 2, Insightful

      You have just put your finger on the root of the problem -- "The corporate entity" is a construct which should never have been permitted.

      People have a right to freely associate and operate collectively. A corporation is just a formal way of doing this.

      The AARP, the AFL/CIO, the city of Seattle, and the Democratic Party are all formal corporations with bylaws and rules and recognized legally.

      So should these "constructs" not be permitted?

    10. Re:So, basically by clang_jangle · · Score: 4, Insightful

      While it is easy to criticize the current system's flaws, there is currently no viable solution at this time.


      Of course there is. We could stop spending our tax money on corporate welfare and we could reign in corporate rights. The financial entity part of the equation only makes sense if it is closely controlled and if its rights do not trump those of the individual, which in fact was the original idea. The way it has become, the notion of corporate accountability is a joke -- the taxpayers or the consumers (often the same people) pay to clean up the mess while the corporation prospers. This system is broken, but not yet beyond repair.

      --
      Caveat Utilitor
    11. Re:So, basically by Ray · · Score: 5, Insightful

      I'll call bullshit on that one. There is one guy who knew EXACTLY what Fascism is because he invented it.

      "Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini

    12. Re:So, basically by shmlco · · Score: 4, Insightful

      From the article, it sounds like the author wants to create an international governing body that ensures all corporations are playing by the same rules no matter where they're located.

      So what country, INCLUDING the US, is going to want to turn control of corporate governance over to an international organization?

      The article indicates that developing nations use local laws (or lack thereof) to attract corporations. So it sounds to me that developing nations won't sign, as they'll then lose the advantages that attract foreign companies and capital. And the "first-world" countries won't want to give control over to some entity (like the UN) that won't have THEIR interests in mind.

      Sounds like a non-starter to me.

      Personally, I think most of these "havens" will disappear over time anyway. Look at India. Was the major outsourcing center for the support and call industry. But as competition for skilled employees increased, wages increased, and suddenly other countries were "cheaper".

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    13. Re:So, basically by bledri · · Score: 2, Insightful

      Modding the parent as Flamebait seems harsh, methinks humor was the goal. I actually thought the parent was correct based on the much cited quote from Mussolini:

      Fascism should more appropriately be called Corporatism because it is a merger of state and corporate power.

      But I just learned (from Wikipedia so it must be true) that he didn't say that. It's too bad, I liked being able to use the term Fascist to slander those who treat cooperate profits as if it were the ultimate Truth of the universe.

      Whatever it's called, the preamble of the US constitution is "We the People", not "We the Legal Entities," 'nuff said.

      --
      Some privacy policy Slashdot.
    14. Re:So, basically by nametaken · · Score: 3, Insightful

      I think you're blurring the line between criminal and civil issues.

      If greedy corporate decisions cause a company to incur a billion dollars in fines due to an oil spill, ultimately shareholders DO write a check. Their share price tanks. The only difference is each shareholder put the money in up front, denoting the level of accountability they're willing to accept. That's part of the risk-reward of buying stock in a company. You decide how big of a role you're going to take in the good and the bad.

      On the other hand, you can't haul a million people to jail because of criminal negligence on the part of a couple board members. For that, courts pierce the veil of liability and level criminal charges against the individuals. It happens all the time.

    15. Re:So, basically by mc6809e · · Score: 2, Insightful

      What we're all advocating is restricting the rights of a business corporation to only those necessary to do business. For example, why should a business corporation have the right to free political speech?

      Individuals don't lose their free speech rights just because they come together as shareholders to form a corporation.

  2. Aligning corporate interests with the nation? by DrHackenbush · · Score: 2, Insightful

    I'm pretty sure the Soviet Union tried that experiment already with unsatisfactory results.

  3. Bring back the charter. by Zaphod-AVA · · Score: 3, Insightful

    A Corporation's rights and responsibilities should be listed in a charter, and failing to uphold their responsibilities should cause them to lose their rights.

    The lack of a charter has caused corporations to grow to be superior to nations, but with little or no accountability.

  4. Two responsibilities by Anonymous Coward · · Score: 4, Insightful

    Corporations have only two responsibilities: Maximize profits, and follow the law.

    It is our responsibility to make the law just.

    This is how a democracy harnesses the power of greed to provide justice and prosperity to all.

  5. This is what happens without communism by Animats · · Score: 5, Insightful

    From 1917 to about 1980, fear of communism helped keep capitalism in line. During that period, capitalism had ideological competition, and there was a very real fear on the part of business owners that their companies might be nationalized. During that period, most telcos were state-owned. Britain nationalized the steel and coal industries during the 1950s, and most of the rental housing units in the country were state-owned. During the Great Depression, the U.S. Government ran many programs that employed people and built things, a form of socialism.

    For over a century, communism was taken seriously as an alternative to capitalism. (Yes, it never worked all that well in Russia. Neither did monarchy, democracy, capitalism, or oligarchy. Russia did better in its communist period than before or since.) During that period, when it faced competition, capitalism had to deliver an ever-higher standard of living. Which it did. There was more talk of "corporate responsibility" during that period than there is now.

    Companies used to fear public opinion. That ended during the Reagan administration. (This is why Reagan was such a darling of business.)

    The triumph of unbridled capitalism may be temporary. Something similar happened in 1900-1929, when railroad and power companies ruled the world. That ended in the Depression, and for the next fifty years, businesses were strongly regulated and kept in line.

  6. Re:I was hopeful... by maxume · · Score: 4, Insightful

    Wait, are you blaming corporations for the crap that *you* bought?

    Also, I have arbitrarily determined that your pay is excessive. Please hand an additional 10% your income over to the government so that they can put it to better use.

    --
    Nerd rage is the funniest rage.
  7. Re:Corporate accountability equals fascism? by Dilaudid · · Score: 2, Insightful

    No it's not. It's a rhetorical question. Read the article you linked to. If it were a straw man, he would criticise fascism, claiming that that was what the article espoused - he's not doing that, he's criticising the article by saying it's fascism.

  8. This is a question of definitions. by greenguy · · Score: 4, Insightful

    Today, the very concept of a corporation entails the idea of profit maximization. That's why singling out one (Nike, Monsanto, Microsoft) and getting angry at it for making short-sighted moves in the name of profit is like getting angry at an alligator for eating meat. What did you expect? That's what it does.

    "Corporate citizenship" or "corporate responsibility" are nothing more than marketing slogans. You can't ask an alligator to eat veggieburgers, and you can't ask a corporation to play nice. Even if it actually did so, its competitors would roll over it.

    If you want an economy that responds to more than the richest 1% of 1% of the population, you need economic entities that are qualitatively different -- that measure success differently. That doesn't mean more government interference, because the state and the corporation have the same flaws, for the same reasons. The state and the corporation are rivals, not enemies.

    Rather, what we need are economic bodies that are expressly designed in the interests of their employees and clients. The effective way to do it is through cooperatives.

    There are countless examples that demonstrate that employee control works. It avoids practically all the evils of the corporate model: outsourcing, management/labor tension, secrecy, poor working conditions, creative accounting, and the list goes on.

    Co-ops automatically are what corporations want you to believe they are. A co-op is a citizen of your community in a way a corporation never could be, because all its owners are citizens of your community.

    --
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    1. Re:This is a question of definitions. by ChaosDiscord · · Score: 2, Insightful

      That's why singling out one (Nike, Monsanto, Microsoft) and getting angry at it for making short-sighted moves in the name of profit is like getting angry at an alligator for eating meat. What did you expect? That's what it does.

      Indeed. And like any stupid, wild animal, if it harms someone just minding their own business, it should be judged a public danger and killed. If it impacts someone's livelyhood, it should be judged a public nuisance and killed. We don't do that nearly often enough.

      Come to think of it, I'd vote for a 10 day corporate hunting season. To protect the herd as a whole, maybe have a "no killing any corporation with a market value of less than a billion US dollars" rule.

  9. Balance is the Key by FurtiveGlancer · · Score: 2, Insightful

    IMHO, most long term successes in business have balanced profit and citzenship. Look at businesses that have been around for 30+ years and you'll find that most try to balance their profit with philanthropy. One example that comes to mind is Target (formerly Dayton Hudson). Both corporately and at each retail store they have a policy of supporting worthy causes. WalMart also has a similar policy, but doesn't seem to apply it to it's own employees. ~

    One may argue the motives of corporate philanthropy, but it does seem to help healthy businesses stay in the fight over the long haul.

    --
    Invenio via vel creo
  10. Re:I was hopeful... by LynnwoodRooster · · Score: 2, Insightful
    concerted 'middle finger' aimed at Exxon/Mobile/etc, their excessive first quarter profits, and the like.



    Yes, those excessive profits. Never mind that for every $1 in profit EXO makes they pay $3 in taxes. So let's really aim that 'middle finger' squarely where it belongs - the Government.

    --
    Browsing at +1 - no ACs, I ignore their posts. So refreshing!
  11. Governance should extend beyond the corporation by grandpa-geek · · Score: 4, Insightful

    The current corporate governance situation began with the "shareholder rights" movement that started in the 1980's. That movement was fostered by corporate raiders who had no long term interest in the corporations they attacked. They wanted to get in, make a quick profit, and get out.

    The movement was focused on disregarding the rights and interests of the non-shareholding stakeholders in a corporation -- the communities in which they operate, their employees, their customers, those affected by their impacts on the environment and markets, and possibly others.

    Those rights and interests had previously been protected by unwritten understandings, the so-called "social compact". The shareholder rights movement effectively broke the social compact because there was no legally-enforceable impediment to their doing so.

    The way to fix this is to restore the social compact and protect the interests of non-shareholder stakeholders by law, regulation, or contract. This means restoring the power of unions, strengthening regulation of markets, and providing safeguards for the interests of communities, especially those that provide benefits to corporations without written agreements reflecting the reciprocal obligations of those corporations.

  12. Re:Corporate accountability equals fascism? by Adambomb · · Score: 2, Insightful

    Its really not in the idea itself, its in the implementation. This to me sounds like one of those ideas that sounds great on paper, until the human element is involved. They would have to be extremely careful to balance the government influence on corporations, cost of running the system, and the ethics of it veryyy careful and ensure no room for someone to turn it into a control panel for the countries economy.

    I do not trust us to be able to do that. The founding fathers sure as hell tried in the constitution, and they seemed like fairly reasonable men. Didn't keep numerous administrations from ignoring it when its considered "best for the nation" in the controlling parties opinion.

    Its the subjectivity of it all that makes me leery of any such system.

    --
    Ice Cream has no bones.
  13. Re:Corporate accountability equals fascism? by MacDork · · Score: 4, Insightful

    he's criticizing the article by saying it's fascism.

    Nowhere in that article does the author advocate fascist corporatism. A straw man is when you create a new position that your opponent is not advocating, and then attack that new position. The position of the article is quite clear, although it isn't sound byte short like GGP's post.

    I want to speak to you today on a question about the fiduciary obligations that corporate directors have, by law, in this country. In particular, I want to address a claim often made in the financial press, and by members of what a Delaware Court judge has recently called the âoecorporate governance industry.â This is the claim that corporate directors have a legal duty to maximize share value.

    What I hope you will take from my testimony today is that this claim is, at best, a misleading overstatement. At worst, this claim is simply false, but is often asserted as a weapon to try to persuade corporate managers and directors that they should take actions that benefit particular shareholders of a given corporation, regardless of whether those actions may impose high costs on creditors, employees, the communities where corporations have their operations, or other stakeholders, or sometimes even on the long run ability of the corporation itself to compete effectively for market share, or to develop the next technology

    That position is clearly very different from fascism, thus making GGP's post a straw man argument.

  14. Corporations are a government fiction. by EWAdams · · Score: 4, Insightful


    A corporation is a "pretend person" created by a governmental process. There are various kinds, but they're all imaginary: charities, educational corporations, membership associations, foundations, etc. Corporations have no existence beyond what the government chooses for them, so their functions can be adjusted by the government as necessary.

    No fascism about it.

    --
    I piss off bigots.
  15. Then you need to stop being pretty sure. by EWAdams · · Score: 4, Insightful


    Communism is a whole other thing. Go back to Poli Sci 101.

    --
    I piss off bigots.
  16. Corporations are defined by government fiat. by EWAdams · · Score: 3, Insightful


    They don't exist in natural law; they are a fiction established by legislation. We can set them up to do anything we want them to do (hence nonprofit corporations, etc.). There's no reason why we can't change what they're supposed to accomplish.

    --
    I piss off bigots.
  17. Oh noes! by FatSean · · Score: 3, Insightful

    The people of Michigan want fair wages and a clean environment to live in. How dare they! They'll eat poision and breath coal dust and LIKE it or else all the companies will leave and they will die.

    --
    Blar.
  18. Re:Michigan's current problems... by Pvt.+Cthulhu · · Score: 2, Insightful

    unions are as capitalistic as it gets! plumbers getting together and controlling plumbing prices is no different than oil companies getting together and deciding oil prices.

  19. Double standards from Slashdotters by Anonymous Coward · · Score: 1, Insightful

    If the local manager of a store chain with 100,000 employees forces his 20 underlings to work night shifts without extra pay, the demand is typically along the lines that the board of directors be imprisoned.

    No United Nations Secretary General will ever be demanded by those same people to be imprisoned because of anything, much less a UN deputy in some far-off country deciding to sell a container of food aid to the highest bidder.

    Selective applicability of the law depending on whom you love and hate - interesting.

  20. Unreality by Brandybuck · · Score: 1, Insightful

    Harvard's Bruce Scott warns that today's global economy is much like the US in the later 19th century, when states competed for funds generated by corporations and thus raced to the bottom as they granted generous terms to unregulated firms.


    What a strange and bizarre unreality Mr. Scott lives in. I wonder what color the sky is there. States competed for corporate funds? While many states certainly tried to extract taxes out of corporations in the 19th century, I don't think that's what he meant. A government "granting generous terms" by not regulating firms is like the mafia granting generous terms to the corner deli by not collecting protection racket extortion.

    p.p.s. The idea that corporations must maximize profits is a new one. It came about because some malcontent stockholder sued their corporation for engaging in philanthropy.
    --
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  21. Serve the owners! by readin · · Score: 2, Insightful

    Even if you take an amoral approach, the responsibility of a corporations is to serve its owners. The most obvious way is by making money. But owners have other interests as well. As an owner I'm not well served if the corporation pays be a $10 dividend it earned by polluting my air and giving me cancer. As an American owner I'm not well served if my corporation pays me a $5 dividend it earned by selling advanced weaponry to China.

    But taking a more enlightened view, owners of corporations are moral creatures who have moral obligations and moral duties. Our corporation should have the same moral obligations and moral duties we do because the corporation is acting our our behalf.

    So yes, corporations should not just be good corporate citizens, they should also behave morally.

    --
    I often don't like the choices people make, but I like the fact that people make choices. That's why I'm a conservative.
  22. All the rights, but few of the responsibilites by bledri · · Score: 2, Insightful

    People have a right to freely associate and operate collectively. A corporation is just a formal way of doing this.

    I believe the issue is that cooperate entities in the US (and apparently elsewhere) have been given essentially all the rights of an actual person. But for the most part the people leading the corporation are protected from personal liability for the actions of the corporation. Furthermore there don't seem to be many ways to hold a corporation responsible either. You can't jail or execute a corporation. I seem to recall there was a time when the government could dissolve a corporation but that changed a long time ago.

    The point of the article (to try to get back on topic) is that currently the people behind corporations use the argument of fiduciary responsibility as an excuse to base all decisions on short term financial gain and stock price. Regardless of whether those decisions are counter to the interests of the people of the planet, nation, or state in which they operate. Meanwhile, to attract business national and state governments keep reducing the responsibilities placed on corporations.

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  23. Re:Of course not by justinlee37 · · Score: 2, Insightful

    Hey, military leaders are intelligent. Nobody was pretending to call it 'military wisdom' or anything.