Corporate Personhood

Ripken, Susanna Kim

doi:10.1017/9781108241366

Cited by 7 publications

(3 citation statements)

References 192 publications

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“…That said, we must also acknowledge that the legal notion of personhood has a wider normative significance (Samuels, 1988). Our deeply-held cultural and moral convictions tend to interpret corporate personhood in terms of the intrinsicist conception, and it is the tension between the institutional logic of the legal domain and our social system of beliefs that fuels the backlash against corporate personhood (Ripken, 2019). It may seem that this tension could be defused if the legal view of personhood were to make room for biological or moral considerations.…”

Section: Implications For Corporate Personhoodmentioning

confidence: 99%

The Corporate Baby in the Bathwater: Why Proposals to Abolish Corporate Personhood Are Misguided

Gindis

Singer

2022

J Bus Ethics

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The fear that business corporations have claimed unwarranted constitutional protections which have entrenched corporate power has produced a broad social movement demanding that constitutional rights be restricted to human beings and corporate personhood be abolished. We develop a critique of these proposals organized around the three salient rationales we identify in the accompanying narrative, which we argue reflect a narrow focus on large business corporations, a misunderstanding of the legal concept of personhood, and a failure to distinguish different kinds of constitutional rights and the reasons for assigning them. Corporate personhood and corporate constitutional rights are not problematic per se once these notions are decoupled from biological, metaphysical or moral considerations. The real challenge is that we need a principled way of thinking about the priority of human over corporate persons which does not reduce the efficacy of corporate institutions or harm liberal democracies.

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Section: Implications For Corporate Personhoodmentioning

confidence: 99%

The Corporate Baby in the Bathwater: Why Proposals to Abolish Corporate Personhood Are Misguided

Gindis

Singer

2022

J Bus Ethics

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“…7 7 For overviews, see Avi‐Yonah (2005), Harris (2006), Millon (1990) and Ripken (2019). Until the 1930s, the threefold division was generally accepted in the Anglo‐Saxon legal world.…”

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confidence: 99%

Political theories of the business corporation

Claassen

2022

Philosophy Compass

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Business corporations are important, often powerful actors within the economy. They are able to exercise power over other actors, such as employees, consumers and nation‐states. This contribution discusses how corporate power is constituted (ontological question), for what purpose it should be exercised, (normative question) and how it should be controlled (governance question). It focuses on the competing anwers to these questions that have been proposed by three political theories of the corporation. Concession theories emphasize the state's role in chartering corporations, and hence require corporations to act in the public interest. Contractualist theories present corporations as tools for contract partners (most often shareholders), with corporate purpose focused on the benefits to these partners. Real entity theories focus on the corporation as an autonomous, separate entity with a purpose to be determined by the group seeking incorporation.

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“…While the literature on business corporations is hardly new, the bookshelf of anyone taking an interest can now be readily graced by exceptional studies of the concept of a corporation from the legal, philosophical, political, or sociological perspectives (e.g. Baars and Spicer, 2017; Choudhury and Petrin, 2017; List and Pettit, 2011; Mansell, 2013; Muñiz-Fraticelli, 2014; Orts, 2013; Ripken, 2019; Singer, 2018). 6 Impressive historical work, including some by economic historians, has also been produced in the last few years (e.g.…”

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confidence: 99%

Conceptualizing the business corporation: insights from history

Gindis

2020

Journal of Institutional Economics

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The purpose of this symposium is to shed light on the genealogy of the idea of a business corporation, an economic institution which has long been regarded with a mixture of awe and apprehension. Each of the four original contributions addresses the history of some of its key features. In the process, each contributor reveals some of the insights that history has to teach us regarding the central concepts that inform contemporary debates about the nature of the corporation, the contours of the corporation's purpose, the sources of corporate power, the functions of corporate law, the duties of directors, the status of shareholders, and the legitimacy of corporate rights.

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Corporate Personhood

Cited by 7 publications

References 192 publications

The Corporate Baby in the Bathwater: Why Proposals to Abolish Corporate Personhood Are Misguided

The Corporate Baby in the Bathwater: Why Proposals to Abolish Corporate Personhood Are Misguided

Political theories of the business corporation

Conceptualizing the business corporation: insights from history

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