Some Realism about Corporate Rights

Schragger, Richard; Schwartzman, Micah

doi:10.1093/acprof:oso/9780190262525.003.0018

Cited by 17 publications

(2 citation statements)

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“…This implies that infants are not real right-holders, and that a corporation can only be a real right-holder if it has volition. Similar questions underlie contemporary discussions of corporate moral agency and corporate moral personhood (Schragger & Schwartzman, 2016). 20 This is grist for the abolitionist's mill: to view corporations as the types of things capable of bearing rights seems to imply that we see them as possessing wills or other things that are uniquely human.…”

Section: Corporate Constitutional Rights: Derivative or Sui Generis?mentioning

confidence: 81%

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: Corporate Constitutional Rights: Derivative or Sui Generis?mentioning

confidence: 81%

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

Gindis

Singer

2022

J Bus Ethics

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“…By contrast, the freedom of religion argument fits better with much of this rhetoric, since it holds that ‘religious institutions have free exercise rights’ (Laycock, 1981: 1386; cf Schragger and Schwartzman, 2016). Central here is the idea that religious institutions themselves have rights to religious freedom which, unlike free association rights, are not derived from the rights of their members.…”

Section: Institutional Exemptions and Freedommentioning

confidence: 99%

Accommodating religious institutions: Freedom versus domination?

Shorten

2017

Ethnicities

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What forms of accommodation ought to be extended to religious institutions? Should churches, firms, charities and schools with a religious ethos be permitted to discriminate in ways that would otherwise be illegal? Should they be allowed to opt-out of particular laws so as to enable them to preserve their distinctive characters? This article addresses these questions by defending three claims. First, legal exemptions for religious institutions can potentially be justified by combining two principles: freedom of association and freedom of religion. Second, such exemptions potentially leave members vulnerable to domination. Third, individual non-domination and institutional autonomy can be reconciled under a regime of joint governance.

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Exemption Issues in Religious Belief and Practice

Gill

2019

Free Exercise of Religion in the Liberal Polity

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Some Realism about Corporate Rights

Cited by 17 publications

References 0 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

Accommodating religious institutions: Freedom versus domination?

Exemption Issues in Religious Belief and Practice

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