Mini-Me
Member
- Joined
- Jan 9, 2008
- Messages
- 6,514
As a side note, I wanted to mention a few things that haven't been discussed:
Now, as far as your question about corporate personhood: I'm not sure how Ron Paul himself feels on it...I do know that he likes the idea of creating a new type of corporation particularly well-suited to employee-owned corporations. Because he has focused his efforts on limiting the coercive power of the federal government (which in practice may really be enough to solve all of our problems), he probably hasn't given the issue all too much attention.
However, I can at least give my own opinion: You're right on the money, and we should end the idea of corporate personhood. The problem with corporate personhood is that it's a government-created construct, and as such, the "special rules" of corporations allow it to circumvent liabilities and responsibilities in ways that would not otherwise be possible with regular contracts. You do not need to create a corporation to have a joint-stock company (where many people can privately or publicly trade stock) - these kind of companies can easily be made by simple contracts between individuals...in such a contract, a person's liability would be limited to their stake in the enterprise. However, the "corporate veil" is unfair to society as a whole in that it allows stakeholders to limit their financial and moral obligations beyond their stake - it allows all blame and liability to be placed on the shoulders of a fictional "person," the corporation.
While I have no problem with a government construct called a "corporation" that might make joint-stock contracts easy and streamlined (so the joint venture, the corporation, can write and cash checks and operate in many ways as a corporation does today), the whole "corporate veil" that limits accountability has to go. I'm hazy on exactly how such things are conducted right now, but I think if a "corporation" does something illegal, all officers of the corporation participating in such an action (and/or any stakeholders aware of and consenting to such action) should be liable for criminal trial. It is unfair to society for certain privileged humans to shrug their criminal liability onto a fictional entity that cannot possibly serve jailtime (the corporation itself)...
- Even without federal regulations on business, states and localities will still be free to pursue whatever regulations they want. Sure, libertarians might consider doing so to be unwise, but they can still do it. A lot of people act like, without federal regulations, there won't be any - however, that's not the case.
It's much better when regulations on business are done in smaller jurisdictions, because then there's competition between different states and/or localities for businesses. The invisible hand of the market would lead people and companies to move to areas with the optimal level of regulation. However, when everything is dictated by a monolithic federal government, no experimentation or competition of policies can exist...and their policies are almost always bad and inefficient (at best) or completely corrupt (at worst...which is more likely).
- In the absence of corrupt government agencies like the FDA that decide (through coercive force) what food and drug items can go on the market, cheaper and more efficient free market certification agencies would pop up in their place. Under the FDA, pharma companies can get in bed with them and get their [sometimes dangerous] products in the market while forcefully prohibiting [sometimes safer] alternatives from surfacing. Of course, since these products are FDA-certified, the pharma companies are pretty much indemnified from any responsibility...and since the FDA is the only show in town and is funded by the taxpayers, they're never held accountable or forced to do a good job, either. Government is "benevolent" and "out to serve the people - for free," except for the simple and inevitable fact that the world revolves around money and power. Under a free market, we'd have food and drug safety organizations popping up all over the place, and food and drug companies would pay them for their certification and "seal of approval." If one agency proved to be incompetent, consumers would not bother looking for their seal, but if an agency proved to be quite reliable, consumers would look for their certification label on all food and drug items. The market would tend to favor the most reliable and cheapest certification organization...this would work a lot like kosher certification, except it would be a much larger industry and certification would be on just about every safe product, since a lot more people care about safe food than kosher food.
- As far as monopolies go...as others have stated, "free market" monopolies are usually quite rare. Almost all coercive monopolies or cartels were either directly created by government (i.e. your cable company probably got a 15-year monopoly contract from your local government because it wined and dined the politicians better than the other cable company) or exist because of other government invervention in the market that prevents competition from emerging, like regulations and/or corporate welfare. However, one thing that some people don't recognize is that "intellectual property rights," i.e. copyrights, trademarks, and patents, are also "unnatural" government constructs. While such government grants of exclusivity have their place in promoting the progress of the arts and sciences, they also hold an inherent danger of enabling some companies to become coercive monopolies or near-monopolies (especially if the laws are overly draconian). While this is worthy of its own discussion, Microsoft is a good example here. However, in the "perfect world," there's a much more subtle and elegant solution to having the government forcefully break such a company up: Instead, just revoke their exclusive copyrights, patents, and non-essential trademarks.
- As far as corporate size: It's interesting that you ask. In our current economy, the market does seem to favor larger and larger conglomerates, doesn't it? There's a growing trend towards consolidation. However, this is not a natural market phenomenon; in a free market without corporate welfare and oppressive, competition-hindering regulations, smaller companies would be much better equipped to compete, and the optimal size for companies would not always be "as big as possible."
Now, as far as your question about corporate personhood: I'm not sure how Ron Paul himself feels on it...I do know that he likes the idea of creating a new type of corporation particularly well-suited to employee-owned corporations. Because he has focused his efforts on limiting the coercive power of the federal government (which in practice may really be enough to solve all of our problems), he probably hasn't given the issue all too much attention.
However, I can at least give my own opinion: You're right on the money, and we should end the idea of corporate personhood. The problem with corporate personhood is that it's a government-created construct, and as such, the "special rules" of corporations allow it to circumvent liabilities and responsibilities in ways that would not otherwise be possible with regular contracts. You do not need to create a corporation to have a joint-stock company (where many people can privately or publicly trade stock) - these kind of companies can easily be made by simple contracts between individuals...in such a contract, a person's liability would be limited to their stake in the enterprise. However, the "corporate veil" is unfair to society as a whole in that it allows stakeholders to limit their financial and moral obligations beyond their stake - it allows all blame and liability to be placed on the shoulders of a fictional "person," the corporation.
While I have no problem with a government construct called a "corporation" that might make joint-stock contracts easy and streamlined (so the joint venture, the corporation, can write and cash checks and operate in many ways as a corporation does today), the whole "corporate veil" that limits accountability has to go. I'm hazy on exactly how such things are conducted right now, but I think if a "corporation" does something illegal, all officers of the corporation participating in such an action (and/or any stakeholders aware of and consenting to such action) should be liable for criminal trial. It is unfair to society for certain privileged humans to shrug their criminal liability onto a fictional entity that cannot possibly serve jailtime (the corporation itself)...
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