Corporations and the Future of Democracy

09 October 2014

我们本周的话题是公司和民主的未来。这个标题表明公司是民主的潜在威胁。因此,我们应该首先弄清楚公司到底是什么,以及它会如何威胁民主。

企业威胁民主的方式有很多。But they’re all, I think, rooted in one basic concept -- the idea oflimited liability. That’s the concept that the individuals behind a corporation can shield themselves from full financial responsibility for risks they take. The thinking is, if people can protect themselves from full liability, they’ll be willing to take greater risks and try new things. Limited liability encourages creativity and innovation.

但有限责任是一把双刃剑。它还能让企业做一些污染和破坏自然环境的事情,而不必承担全部责任。例如,如果一家公司造成了价值100万美元的环境破坏,但只有价值1000美元的资产,基本上它可以破产,并摆脱这个问题。Even if it doesn’t do that, the merethreatof going bankrupt can be used to negotiate in litigation. Ironically, if a lawsuit against a corporation istoo如果胜诉,公司可以宣布破产,原告将得不到任何东西。

即使是拥有主要资产的大型企业,也可以利用破产的威胁来避免因其造成的损害而承担责任。还记得英国石油公司在墨西哥湾的大规模石油泄漏事件吗?英国石油公司破产的可能性意味着他们能够逃脱所有这些环境破坏,而不用承担大部分的法律责任。

For this show, however, we’re interested in the advantages and disadvantages that corporations offer todemocracies. So we ought to say what we mean by a democracy.

In a democracy, every eligible voter has one vote, and all matters of public policy are decided by majority rule. Most democracies set some things aside as beyond the scope of majority rule, such as the Bill of Rights in the United States. And many democracies have veryundemocraticinstitutions in the middle of things -- like our Senate, which gives the vote of a person from Delaware or Alaska about a hundred times more weight than the vote of someone from California.

Even in an impure democracy, a basic dynamic of politics is the search for votes. Those who seek power -- in state government, in Congress, or as President -- have to get lots of votes. And so people have a lot to say about how they’re governed, and that’s the basic idea of democracy.

Now you don’t need corporations to have your democracy undermined. Anyone with a lot of money has ways of doing that. Someone can use their money to buy or otherwise unduly influence the votes of the electorate. And, in a representative democracy, they can also just bribe or otherwise unduly influence the elected officials.

Corporations提高赌注,因为无论个人多么富有,公司都可以更富有。今天,随着大型跨国公司的出现,一个像公司这样的单一实体能够对政治进程产生影响的资源几乎没有限制。

That is precisely the problem with the Supreme Court’sCitizens Uniteddecision. The Court held that corporations are persons, who have the right of free speech, and whose speech can take the form of money. So they should be able to do things they'd previously been prohibited from doing – in particular, spendingallthey wanton political campaigns.

But what does it even mean to say thatmoneyis a form ofspeech? Or that a corporation -- an entity with no thoughts, feelings, emotions, or intentions -- is aperson? Should a non-breathing creation of the law have most of the rights -- but few of the responsibilities -- of ahumancitizen?


Photo bySean PollockonUnsplash

Comments(15)


MJA's picture

MJA

Saturday, June 23, 2012 -- 5:00 PM

"God forbid we should ever be

"God forbid we should ever be twenty years without such a rebellion.
The people cannot be all, and always, well informed. The part which is
wrong will be discontented, in proportion to the importance of the facts
they misconceive. If they remain quiet under such misconceptions,
it is lethargy, the forerunner of death to the public liberty. ...
And what country can preserve its liberties, if its rulers are not
warned from time to time, that this people preserve the spirit of
resistance? Let them take arms. The remedy is to set them right as
to the facts, pardon and pacify them. What signify a few lives lost
in a century or two? The tree of liberty must be refreshed from
time to time, with the blood of patriots and tyrants.
It is its natural manure." T Jefferson
It is time for bloodless evolution,
是时候发表新的《独立宣言》了。
Time to renew our rights, our freedoms,
Time to rewrite a new constitution,
One built on the foundation of truth,
With liberty and justice of One
As is All.
=

Guest's picture

Guest

Saturday, June 23, 2012 -- 5:00 PM

We should make a law

We should make a law prohibiting anyone from contributing to a political campaign in which they cannot qualify to vote in. This would eliminate corporations, unions, foreign entities and foreign individuals, and anyone who the politician does not directly represent from contributing to campaigns.
我们也应该提供相应的公共资金,如果对候选人的捐助超过了,比如说,对对手候选人平均收入的1%。换句话说,如果平均收入是5万美元,那么如果有人给候选人B捐了10万500美元,那么公共基金就会给候选人a捐10万美元。这不会禁止任何人想捐多少就捐多少,但这样做没有任何好处。此外,任何接受超过500美元(或任何设定的水平)的候选人都将负责增加公共开支。
This comment was also posted on the KALW Philosophy Talk page.

Guest's picture

Guest

Saturday, June 23, 2012 -- 5:00 PM

I don't know. Which came

I don't know. Which came first?: Democracy or Corporations? History SUGGESTS that democracy came first, and, perhaps, enabled such things as industrial revolutions and, of course, the birth of corporations. I am a strong believer in cause-and-effect. The ubiqitous "church" has always figured large in the equation. Always will, it seems, until we finally discard symbology and symbolism---and realize it is time to embrace our evolutionary heritage: think for yourself, based on available facts,---and ACT, with discretion, outside of the box.
We'll see. Maybe.

Guest's picture

Guest

Saturday, June 23, 2012 -- 5:00 PM

This is a tough argument as

政府需要为企业营造良好的氛围,如果政府变成唯一的企业,那就更糟糕了。

Harold G. Neuman's picture

Harold G. Neuman

Sunday, June 24, 2012 -- 5:00 PM

Read your post on this issue

Read your post on this issue twice and thought about it a lot before commenting. Corporations were enabled by democracy. I think that is a fair statement, without storming through all of the historic latitudes that got us here. Wealthy people, such as George Soros, Warren Buffet and others probably do not spend time thinking about the relationship(s) between democracy and corporations. They have more important things to do, i.e., making big money. And so, to keep this brief, your proposition is somewhere between moot and irrelevent (or is that: irrelevant---I can never remember these spellings.) Surely, (or is that Shirley?)someone will disagree...

Guest's picture

Guest

Monday, June 25, 2012 -- 5:00 PM

I must sheepishly confess: I

我必须不好意思地承认:直到昨天和今天,我才“得到”你的话题和帖子的动力。法院的裁决澄清了一些事情,因为如果竞选捐款没有可信的限制,“我们”(至少我们中的一些人)将得到“政府的钱能买到的最好的东西”:(卢·多布斯,大约在2004年,直到他被解雇)。我不止一次地在这里和其他地方提到过卢的智慧。但似乎没人记得他说了什么。我们的记忆太短暂了。在某种意义上,多布斯还谴责了“外包”工作的做法。在今年的总统竞选之前,也没有人想谈论这个话题。情境伦理?我想可能是吧。但是,正如我所坚持的,情境伦理并不比完全没有伦理好。 It is all so predictable as to make us vomit...if we have paid attention.

Guest's picture

Guest

Monday, June 25, 2012 -- 5:00 PM

Since your live show was

Since your live show was totally oblivious to the pro-commerce arguments which informed the decisions of the majority of the Supreme Court, here is a link!
http://phillips.blogs.com/

Guest's picture

Guest

Wednesday, June 27, 2012 -- 5:00 PM

I clicked on Mr. Phillips'

出于好奇,我点开了菲利普斯先生的博客链接。尽管有支持商业的论点,但我确实相信,正如我们曾经知道的那样,企业财富与民主是对立的。从逻辑上讲,当巨大的实体被允许为支持其经济议程的政党和候选人抛掷巨额资金时,一人一票的概念和实践就过时了。然而,回过头来看,这似乎已经发展了几十年。艾森豪威尔(或:艾森豪)警告了他称之为军工复合体的勾结。这句话出自一位军人之口,他骑着一匹神马入主白宫。他的警告只是即将发生的事情的先兆。似乎没有什么办法了。问题可能是:接下来会发生什么?

Guest's picture

Guest

Saturday, June 30, 2012 -- 5:00 PM

What's next. indeed? We are

What's next. indeed? We are in somewhat the same position as the mice who wanted to bell the cat. We have no way to reduce the power and influence of the multi-national corporations. The politicians that represent us in a "democracy" do have the authority to control the corporations but insist that they do not (a condition that author, Linda McQuaig, referred to as "the cult of impotence"). Short of a violent Marxist revolution there seems no option; and, Communism is not in the least practical on a large scale since it is contrary to human nature. Thus, the corporations support the system, and the system supports the status quo, and we might as well enjoy the ride. In the end, the system will self-destruct and the world will in desperation turn to fascism, but by then none of us are likely to be around to care.

Guest's picture

Guest

Wednesday, July 4, 2012 -- 5:00 PM

Democracy is simply majority

民主只是多数人统治整个国家,而没有说我们应该如何统治。我将统治贸易机构,基于我和你的知识是由社会提供给我们的。我们中的一些人在没有语言和思想的情况下觅食会更快乐,因为我们中的其他人回报社会不仅仅包括交易,所以我会考虑对社会进步的整体影响。

mwsimon's picture

mwsimon

Tuesday, October 14, 2014 -- 5:00 PM

Another scary aspect of

Another scary aspect of corporations - that I think ends up getting in the way of democracy - is their promise to shareholders to do whatever they can to increase profits. In a sense, corporations are breaking this agreement when they choose to act in the interests of, say, the environment, or the population as a whole. In this way, capitalism overruns democracy. Actions are made in the interest of profit for those involved, without concern for future consequences. Big oil companies, for example, skirt environmental regulations and pay fines as part of doing business. They can make more money by polluting and paying the fines for it. I'd like to think that if any one person were in charge of making such decisions, he or she wouldn't choose to do the things Big Oil does (the laundry list is terribly long, but most outrageous, I think, is Shell, who after polluting the Niger delta for 50 years, violently suppressed those protesting their actions). It is the corporate mindset of needing to maximize profit that leads to these atrocities.

Gary M Washburn's picture

Gary M Washburn

Wednesday, October 22, 2014 -- 5:00 PM

The Latins proscribed

The Latins proscribed corporations because they militated against the 'Patris Familias', or power of public voice or right to represent oneself in court. Democracy developed directly out of the Anglo-Saxon 'Open Field System' and the Anglo-Saxon courts in which a jury of interested parties was appointed to resolve questions of tort or crime. In both cases unanimity was the rule. Once majority rule became the norm democracy was bound to be vulnerable to faction. It is amazing how paranoid the framers of the Constitution were about what they called 'combines'. A corporation was a 'patent' or a limited sovereignty given a kind lf legislative autonomy by the crown to pursue its interests in lieu of direct royal authority, such as the East India Company, or the royal grants by which the American colonies were organized. Democracy is a means by which weaker voices can make an end-run around the powerful to appeal to the people for recognition of their true interests. Faction is the prime obstacle to such a direct connection of the people to their own power and authority as a community. At the time of the founding, corporations were licensed by the states, and were required to limit their activities to specifically sought and officially approved goals and extent, both in the nature of the aims and in the capital requirements and expectations. To exceed these preconditions was to violate the license which would be withdrawn under a writ of 'quo warranto'. After the Civil War the Supreme Court was packed with pro-industry judges who blatantly misapplied the Fourteenth Amendment as protecting corporate rights, while all but ignoring its real meaning to protect the civil rights of freed slaves. Today, corporations go way beyond claiming the rights of person. The concept of corporate standing in courts of law originated as a need to have some body present to answer to charges against such bodies. Hence was invented the notion of the 'fictional person' . This is now become a person is such a full bodied sense that real persons are of diminished if not negligible standing in courts against them. They also claim the kind of extreme rights over capital property that was never claimed heretofore save for intensely personal items. They have thrown a blanket of personal property rights over the most publicly vital capital and real properties, as if they should have the same rights over vital commercial resources that they do over their family snapshots.
Just a few facts that might clarify the issue.

MJA's picture

MJA

Thursday, October 23, 2014 -- 5:00 PM

Democracy: We vote for those

Democracy: We vote for those to govern and rule over us and then complain about our loss of freedom. =

Gerald Fnord's picture

Gerald Fnord

Saturday, November 1, 2014 -- 5:00 PM

I have to hold back mordant

每当有富人或公司发言人谴责政府干预(至圣)市场时,我不得不憋住辛辣的笑声。“当有限责任完全建立在国家的断言上,即政府不会帮助债权人收回一些高于股票价值的债务时,这些债务是由公司虚构的“承保”(在很大程度上是在加尔文主义的soteriology意义上)的实际人所承担的——事实上,国家将积极防止或惩罚任何此类企图. ...至于富有的个人,请想一想,如果没有一个国家来强制执行财产权,那么大量的财产积累是多么罕见,而某些形式的财产,特别是知识产权和广泛的土地财产,如果没有一个国家来大声疾呼,而不是对他们应有的嘲笑,是不可能的。

Guest's picture

Guest

Saturday, April 18, 2015 -- 5:00 PM

Whilst Admissions

虽然招生专业人员不能保证一个良好的批准函件的最佳选择研究生的方法,他们已经有一个非常好的历史,提供了几乎15年的操作结果。他或她的工作人员会提供一些来自该州主要教育机构的证书,比如哈佛大学,给所有学生准备学期论文或任何大学论文的优秀论文。