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While I generally agree with the article and disagree with the SCOTUS ruling, I do have to take exception to this statement: > However, corporations do not exi

by lmkg 17y ago

While I generally agree with the article and disagree with the SCOTUS ruling, I do have to take exception to this statement: > However, corporations do not exist outside of government If you take the "corporations are most certainly not people" position (and I do), then a corporation is an agreement between a group of people with a mutual economic interest. That's not a government creation, that's a naturally arising phenomenon. You don't need any sort of government to create a corporation, although contract law would help. But I don't think it's possible to have contracts without corporations arising naturally and organically. Am I missing something? Obviously, the US has passed a lot of laws giving corporations particular rights, responsibilities, liabilities, privileges, etc. But that doesn't mean that corporations are government creations, in the same way that citizen's rights are natural right that are recognized rather than granted.

wycats 17y ago
You're thinking about partnerships, which are the associations of people others are talking about (created, as you point out, via contract law). Corporation are special entities created by governments to shield the executives from persoanl responsibility for their actions as executives. In THAT capacity, I argue that the corporation does not inherit human rights because of the shield that protects the underlying individuals for responsibility for their actions.
joubert 17y ago
A corporation is established in terms of a Companies Act or the like in terms of Corporate Law (particulars depend on the jurisdiction). A corporation is a legal person, but not a natural person. A corporation is not an agreement between a group of people. People can agree to form a corporation, but the corporation itself is not an agreement (merely the end result). For example, a corporation can act against the interests of the people who founded it.

by lmkg 17y ago

wycats 17y ago

You're thinking about partnerships, which are the associations of people others are talking about (created, as you point out, via contract law). Corporation are special entities created by governments to shield the executives from persoanl responsibility for their actions as executives. In THAT capacity, I argue that the corporation does not inherit human rights because of the shield that protects the underlying individuals for responsibility for their actions.

joubert 17y ago

A corporation is established in terms of a Companies Act or the like in terms of Corporate Law (particulars depend on the jurisdiction). A corporation is a legal person, but not a natural person. A corporation is not an agreement between a group of people. People can agree to form a corporation, but the corporation itself is not an agreement (merely the end result). For example, a corporation can act against the interests of the people who founded it.