Unequal Protection

[Doc Stier]

This review is from: Unequal Protection: The Rise of Corporate Dominance and the Theft of Human Rights
By Stephen A. Haines
(Ottawa, Ontario Canada)

Hartmann's analysis of the roots of corporate power is essential reading. He undermines the policies that have protected corporations for over a century. Legally protected today, corporations were long subject to general suspicion. Government charters to operate a business contained many constraining clauses that are now missing. How and why did this change come about? Should government constraints be restored, and if so, how would be brought about? Hartmann presents the history, issues and solutions to the growing corporate takeover of the global commons.

He opens by reminding us that the "commons" once represented a village pasture, shared by all. In modern times he argues the same concept embraces the entire planet. The sharing implies common sense be applied to its use. We are beginning to understand our planet is "the commons" for all humanity. Every human has some rights to that commons, but shares a responsibility for its well being. That set of rights and responsibilities is set by the community as a whole, not by any one individual. The community concept, however, is based on the idea that its members are essentially equal. The corporation, due to its amorphous structure and unique powers has gone beyond community ideals.

The history of corporate power rests on continued attempts to upgrade an "artificial" entity to a "natural" one. Hartmann traces the erosion of that ideal through this book. An early chip was taken when Queen Elizabeth I granted Francis Drake "freedom from liabilitie" to go pirating. It was an omen for the future. Although the Framers of the Constitution of the United States were vociferous in their resistance to corporations, events pushed their ideals aside. In a rapidly developing economy and to confront European competion, corporations arose and grew. As they grew, they sought not only protection from State taxation, they sought to further their ends by political action, something nearly all governments restrained. After many tries, they seemed to have accomplished it in 1889 during a court case over the collection of property taxes.

Hartmann details the events surrounding the case, pointing out that the corporate "victory" of achieving "personhood" is spurious. It was not part of the decision and added as a post judgement note. He suggests that railway lawyer Stephen J. Field likely influenced the writing of the notes by court reporter John C.B. Davis. The victory for business interests virtually turned the 14th Amendment to the Constitution on its head.

Business now had the same "rights" as any naturally born human - privacy, investment, political activity and right to trial. Where a state issuing a corporate charter previously had the right to withdraw it for improper activity, a corporate existence was now sacrosanct.

Given the vague nature of the corporation, "improper behaviour" could punish individuals, but not the corporation's existence. Hartmann explains how this condition has led corporations to invade the global "commons" with impunity, ravaging nature to acquire resources and markets.

People often ask "if corporate dominance is so bad, what will you replace it with?" Hartmann states "the suggestion i'm putting forth in this book is to try democracy." The solution is simple enough - a return to Jeffersonian principles. That doesn't mean a regression to an agrarian society. It means, instead, a restoration of democratic practices - the raising of humans to their natural place of dominance over artificial entities. He encourages local communities to begin redefining their laws to reflect the concept that corporate organizations are not people. Once that precedent is established, the democratic ideal can be restored by revising laws and constitutions up through the political hierarchy. From communities through the states to the national government. He stresses that while there will certainly be resistance and scare tactics, enough popular pressure can restore those lost ideals.

[Darth Rock&Roll]

sounds like a commie to me.

[Teazer]

He opens by reminding us that the "commons" once represented a village pasture, shared by all. In modern times he argues the same concept embraces the entire planet. The sharing implies common sense be applied to its use. We are beginning to understand our planet is "the commons" for all humanity. Every human has some rights to that commons, but shares a responsibility for its well being. That set of rights and responsibilities is set by the community as a whole, not by any one individual. The community concept, however, is based on the idea that its members are essentially equal. The corporation, due to its amorphous structure and unique powers has gone beyond community ideals.

It's a lovely ideal, but people aren't born equal, so some will go out (either individually or as a corporation) and exploit resources that aren't nailed down by ownership rights at a private or public level. Which is where we get the 'tragedy of the commons'.

The history of corporate power rests on continued attempts to upgrade an "artificial" entity to a "natural" one. Hartmann traces the erosion of that ideal through this book.

Sounds like a good read. The history and theory of the firm is fascinating (at least to some of us!).

Given the vague nature of the corporation, "improper behaviour" could punish individuals, but not the corporation's existence. Hartmann explains how this condition has led corporations to invade the global "commons" with impunity, ravaging nature to acquire resources and markets.

The 'invasion' would've happened anyway. It's what happens when property rights are unclear. It's also worth looking at corporations as an interacting network of individuals with their own agendas, rather than a single edifice. So if something 'improper' happened, it must've been because at some level, some individual made an improper decision. The government/judicial system can certainly threaten a corporations existence. A quick look at what happened to Arthur Andersen makes that pretty clear.

"the suggestion i'm putting forth in this book is to try democracy." The solution is simple enough - a return to Jeffersonian principles. That doesn't mean a regression to an agrarian society. It means, instead, a restoration of democratic practices - the raising of humans to their natural place of dominance over artificial entities.

That's a bit vague. I think Darth's right: sounds like a commie!!