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  July 8, 2004


corporationCorporatists believe that government, and government regulation, are inherently inefficient, and should be minimized or even eliminated, except as a mechanism to funnel tax dollars from consumers to corporations to 'subsidize' activity (like agriculture and military adventure) that is deemed necessary to grow demand and protect supply of goods and services,  but is not inherently highly profitable. As Joel Bakan argues compellingly in both the book and the film entitled The Corporation, the single-minded pursuit of profit by corporations, endowed with ever-increasing rights and powers and protected more and more from citizen and consumer action by stifling law, has made such corporations pathological, and this threatens our democracy to its core. As I argued in an earlier article:

As in the Corporate Robber-Baron era at the end of the 19th century, the only things separating us from global corporatism today are the democratic ballot box and the vigilance of public interest groups and non-mainstream media. The mainstream media, owned and controlled by big corporations, already self-censor news that is anti-corporatist. The collapse and privatization of public education is leading to the corruption of what our children learn -- to a corporatist-friendly message. Public health and well-being are deteriorating because dominant private providers can generate superior ROI by serving only the rich. The continuing dumbing-down of the electorate, and its disillusionment due to gerrymandering and other anti-democratic political abuses, plays right into the hands of corporatists. And the sale of public land, forests, resources and institutions to private interests is a sale of our future, and the birthright of our children, to anti-democratic forces that have no interest in the welfare or well-being of people.

Many people think the answer is political and legal reform of corporations to make them responsible to non-shareholders, communities and the environment. Bakan argues this is naive, and quotes the usually-moderate Peter Drucker as saying corporations can't be all things to all people, and should stick to doing what they do well: "If you find an executive who wants to take on social responsibilities, fire him". Corporatist apologists like Milton Friedman argue cynically that public organizations don't work, because people are inherently selfish and self-interested, and will always put their personal interest ahead of others' well-being. Bakan reminds us, however, that "the corporation was originally conceived as a public institution whose purpose was to serve national interests and advance the public good", and that state Attorneys-General do have the power (and some would say, the responsibility) to simply dissolve a corporation for wrongdoing and sell its assets to others who will run it in the public interest. He lays out a discouraging case that "not only is the state playing a diminishing role in protecting citizens from corporations, it is playing an expanding role in protecting corporations from citizens". But like Peter Singer, Bakan is pragmatic and warns that the job will be difficult: Corporations cannot be relied upon to reform or restrain themselves, but at the same time governments which are already the handmaidens of corporatist interests are not going to be inclined to institute new regulations and restrictions that bite the hand that feeds them. His prescription contains a mix of regulation, vigilance and self-education:
  1. Re-conceive and re-legitimize government regulation to bring corporations under democratic control and ensure they respect the rights and welfare of citizens, communities and the environment
  2. Staff the regulatory enforcement agencies at realistic levels
  3. Increase personal liability of corporate directors and managers
  4. Bar repeat offender corporations from government contracts
  5. Suspend corporate charters of companies that flagrantly violate the public interest
  6. Introduce the "precautionary principle" to govern corporate responsibility for the environment and public health & safety (i.e. prohibiting and prosecuting actions that are "reasonably likely" to cause public harm, not just those "proven beyond doubt" to have done so)
  7. Make regulatory agencies more citizen-facing, responsive and inclusive
  8. Protect and enhance the standing of worker associations, environmental, consumer and human rights organizations in monitoring and regulating companies
  9. Publicly finance elections, ban corporate donations and constrain lobbying
  10. Introduce proportional representation and end gerrymandering
  11. Preserve public institutions and regimes to manage and govern education, health, welfare, culture, law enforcement, emergency services, parks and natural resources, public spaces and advertising to children (all areas where profit motive should not drive decisions)
  12. Shift practices of the WTO, World Bank and IMF away from privatization and market fundamentalism and towards protecting the greater public good
  13. Educate and remind citizens that corporations are our creations and we can choose to do with them whatever we want
I have no quibble with these recommendations, except that they're not terribly novel, they mostly lay out a general strategy rather than specific "how to" steps, and they're likely to be extremely difficult and fiercely resisted by the powers that be. But they need to be done.

I started thinking about what we could do that might be more positive, less confrontational, and achieve some more immediate benefits relatively simply. I'm new to pragmatism, so cut me some slack here, but here are some additional ideas I came up with:
  1. Require all government contracts to be awarded to small, local businesses that meet specified social and environmental standards, in order to encourage and stimulate entrepreneurship and level the business 'playing field'
  2. End all corporate subsidies of business, cold turkey, and make them, and government budget deficits, illegal except during times of national emergency
  3. Shift taxes from 'goods' (i.e. employment, 'clean' income) to 'bads' (i.e. waste, pollution, use of non-renewable resources)
  4. Allocate 20% of major media advertising time to consumer education and consumer advocacy spots, produced by a consortium of labour, environmental, consumer and human rights organizations, completely funded by a 20% surtax on corporate advertising
  5. Introduce substantial taxes on currency speculation, commodity and land speculation, and on foreign investment and offshoring
  6. Eliminate extraterritoriality provisions (those that allow corporations to sue governments for restraint of trade when they enact laws protecting their workers and the environment) from NAFTA and other so-called 'free' trade agreements
  7. Re-permit the use of import duties under 'free' trade agreeements to protect domestic industry (notably, to offset the impact of massive US and European agricultural subsidies)
I have one idea that is more radical, but still simple: A phased-in size cap for corporations. The cap would limit the revenues, assets and number of employees of any one corporation, and be lowered each year; and no individual or group of individuals would be allowed to beneficially own or control more than one corporation. The complexities of beneficial ownership and control have already been worked out in most Western nations' tax codes. The use of multiple corporations serves no social or business purpose other than to evade taxes, obscure the true ownership of 'anonymous' corporations and evade legal responsibility and liability for corporate wrongdoing. Spinning off businesses from those that exceed the size cap would not be hard to do, and would democratize corporations and make them more manageable and resilient, and redistribute wealth equitably and painlessly. I truly believe that most of the emergent evils of corporations are more a function of their sheer staggering size than their profit motivation.

And if very wealthy citizens question what they should be doing with the money they are forced to divest from their myriad corporations, the answer is that they should invest it in their country -- in government bonds and T-Bills that will start to lessen their governments' dependence on foreign debt. I know the idea that wealth and power brings with it commensurate responsibility is considered quaint and unfashionable these days, but it's not such a bad idea, and if we start teaching it to children now, they might one day tell horror stories to their children of the 'old' days when corporations were Frankenstein monsters that ruled the world.

1:56:54 PM  trackback []  comment []


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