17 December 2006

Poputonian: Collective Conscience

The founders of the United States dealt with negative societal forces in different ways. To control the power of government, they established three coequal branches: executive, judicial, and legislative. To ensure freedom of religion, they separated church and state. To reduce the power of the military, they placed it under civilian control. But the founders understandably missed one other major threat to society: the corporation. There is a reason why they didn't foresee this threat. In their day, corporations were public charters that…

…could only exist for a limited time, could not make any political contributions, and could not own stock in other companies. Their owners were liable for criminal acts committed by the corporation and the doctrine of limited liability (shielding investors from responsibility for harm and loss caused by the corporation) did not yet exist. [Drutman essay: The History of the Corporation]

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