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May 1, 2003
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I concluded my
essay on SARS
(no, I won't put the acronym in small letters) with a quote from economist
Peter Jay: "Darwin always wins in the end." Three recent news items have caused
me to realize just how true that statement is:
- The Purpose of Dreams:
Rayne
has been posting about Freud's Interpretation of Dreams and asking
for alternative theories to his "crap". I'd never miss an opportunity to criticize
psychologists. The most plausible explanation to me is that since all animals
(even amphibians) have been shown to dream, the purpose of dreams is to
imagine alternative scenarios. Any creature that dreams of other ways
to handle a particular situation (and most dreams seem to be conceivable variations
of potential real-life experiences, rather than pure fantasy) has a stronger
arsenal for dealing with that situation if/when it occurs in real life. Hence
I'd hypothesize that dreamers should tend to out-survive non-dreamers, and
that's why there's so many of us around. This is, I'd guess, especially true
of artists.
- The Purpose of Pain: A group of British wacko scientists
has been
torturing fish
to find out if they feel pain, and to no one's surprise concluded they
do. Nevertheless, one small group (presumably creationist psychologists)
continues to believe that animals other than humans cannot feel pain because
they aren't intelligent enough. Can educated people really be this
dumb? Isn't it obvious that the purpose of pain is to discourage repeat of
the activity that led to it, in the Darwinian interest of survival? Really,
I think we need to experiment on this nut group to see if they're
intelligent enough to feel pain.
- Why is Sex Fun?: Somewhere in my readings I ran into
a book with this title. I haven't read it so I don't know the answer (though
if it's written by psychologists, reading it probably wouldn't help). But
my instinctive answer would be that this, too, is Darwinian. If something
is fun, you want to do it more often, and having sex more often would therefore
tend to aid survival of the species. If you're severely stressed and it isn't
fun, the cessation of sex under those circumstances would also seem Darwinian.
Of course there's always the Klingon alternative of having sex as an irresistable
but excruciating imperative. But I think nature has a better sense of humour
than that.
Psychologist readers, I'm just kidding in my jabs. Some of my best
friends are psychologists, really. I'm an accountant, and turnabout's fair
play, so feel free to respond in kind. (How many psychologists does it
take to change a lightbulb? None, the lightbulb has to really want
to change.)
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6:25:06 PM
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It's time to bring Frankenstein corporations to heel, and get them doing
what they were originally created to do - serve the people.
There's a case before the US Supreme Court in which Nike, backed by the
Chamber of Commerce, Microsoft, CNN, Bush's Justice Department, and an array
of massive corporations and media, is fighting for the constitutional first-amendment
right to lie to its customers. At Common Dreams,
Thom Hartmann explains
:
While Nike was conducting a huge and expensive PR
blitz to tell people that it had cleaned up its subcontractors' sweatshop
labor practices, an alert consumer advocate and activist in California named
Marc Kasky caught them in what he alleges are a number of specific deceptions.
Citing a California law that forbids corporations from intentionally deceiving
people in their commercial statements, Kasky sued the multi-billion-dollar
corporation. Instead of refuting Kasky's charge by proving in court
that they didn't lie, however, Nike instead chose to argue that corporations
should enjoy the same "free speech" right to deceive that individual human
citizens have in their personal lives. If people have the constitutionally
protected right to say, "The check is in the mail," or, "That looks great
on you," then, Nike's reasoning goes, a corporation should have the same
right to say whatever they want in their corporate PR campaigns.
Two hundred years ago Jefferson and Madison proposed an 11th Amendment
to the Constitution that would "ban monopolies in commerce," making it illegal
for corporations to own other corporations, banning them from giving money
to politicians or trying to influence elections in any way, restricting
corporations to a single business purpose and requiring that the first purpose
for which all corporations were created be "to serve the public good." At
the time, the amendment was deemed unnecessary because existing State laws
already said this. By 1864, corporations had grown so powerful that Lincoln
said "Corporations have been enthroned and an era of corruption in high
places will follow, and the money power of the country will endeavor to prolong
its reign by working upon the prejudices of the people until all wealth is
aggregated in a few hands and the Republic is destroyed."
Twenty-two years later, due to a bizarre legal misinterpretation
of the 14th Amendment, the courts ruled that corporations were legally "persons"
and had the commensurate rights of persons. The juggernaut of undemocratic
corporate power has grown ever since, and the Nike case is just taking it
to the next logical level. But rights given to corporations inevitably come
at the expense of rights of citizens, as NAFTA and the WTO "free" trade agreements,
which allow corporations to sue governments for compensation and force them
to undo national social, labour and environmental laws that in any way restrict
their "right" to operate equally inexpensively anywhere, have shown. Corporations
now use their "rights" to buy government favours, crush small entrepreneurial
competitors, mistreat their employees, support corrupt foreign regimes, commit
Enron-style corporate rape, exploit cheap labour and low social and environmental
laws in the third world, conspire to restrict competition and gouge consumers
with obscene markups, and lobby for the privatization and deregulation of
everything. Now they want the right to lie to people when they do so, under
the guise of "PR".
Recently I posted an article entitled
Do Corporations Have Too Much Power?
, in which I promised to prescribe some solutions to this excess. But Mr.
Hartmann has already written the book,
Unequal Protection
, that does just that. His three point plan is:
- Municipal Resolutions that deny "personhood" to corporations
(I reported in my previous post on two municipalities that have passed such
resolutions). Their purpose and draft composition is explained
here
.
- Municipal Ordinances that revoke explicit and implicit "personhood"
rights in legislation under their jurisdiction.
- Constitutional Amendments to state and federal (14th Amendment)
laws, that clarify that laws and rights enacted to protect and empower "persons"
apply only to "natural persons" (people) and not to corporations.
The grassroots movement ReclaimDemocracy.org
is working with citizen and consumer groups to help in this task. This
site has an excellent history of the original purpose and scope of corporate
charters, and a vast set of resources for countering the overwhelming anti-democratic
power that large corporations wield in today's world.
Personally, I think we need to go even further, and remove some of the corporate
trappings that allowed corporations to become so needlessly powerful in the
first place. I would add three more steps to Hartmann's program:
- Eliminate corporations as entities under tax law. Treat all
corporations like unincorporated businesses for tax purposes. Profits are
then deemed to flow automatically to shareholders in proportion to their shareholdings
and are taxed in their hands. Corporations can then no longer be used as
tax shelters, and complicated multi-company structures can no longer be used
to avoid taxes. The debate over tax rates on dividends versus interest versus
capital gains becomes moot, and the need for corporate tax returns is eliminated
(something even conservatives should applaud).
- Prohibit corporations from engaging in any political activity,
including lobbying and donating to political campaigns and entities, as part
of a broad reform of electoral finance.
- Prohibit corporations from owning any property that is not
directly related to the company's operations, or entering into speculative
activities.
Stripped of their rights, their tax status, their incentive to inflate short-term
profits at any cost, and their political activities, corporations could once
again become what they were designed to be in the first place: Vehicles
to allow the effective raising of capital from a variety of investors, and
the investment of that capital for the common good. As partnerships and
unincorporated businesses have shown for centuries, there is no need to
have a corporate form of business for any other purpose than to enable the
financing of cooperative enterprise.
These changes could actually accomplish much more than merely eliminating
corporate abuses and returning power and rights to citizens. They could enable
and encourage business managers, beyond ensuring a reasonable risk-related
return on investment to those that advanced the business funds, to focus on
precisely those things that companies were initially chartered to do: provide
local employment, help organize community endeavors, invest in local infrastructure,
all for the 'common good'. Then, finally, terms like 'financial equity' and
'corporate citizen' will cease to be ironic.
The Nike case is expected to be decided in June. With the Bush regime already
working to indemnify pharmaceutical companies, HMOs and the defense industry
from being sued by wronged citizens, the ruling will be pivotal, and may
well shape the power structure of Western society for decades. Keep watching.
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11:35:44 AM
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© Copyright 2004
Dave Pollard.
Last update:
19/02/2004; 2:44:24 PM. |
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