Friday, December 14, 2018
'Corporate Personhood Essay\r'
' incarnate somebodyhood is the concept that a comp all or employment has sub judice recognition by the administration; it simply means that the toilet has the power or ability to enter into contracts, to hire and fire its employees, to process and to be sued, to make speeches freely and to hold space plainly identical any other(a) several(prenominal) (Diamond, 2012). Corporate personhood was recognized first in the grade 1886 by the Supreme Court of the United States in a ruling during a case mingled with the Santa Clara County and Southern Pacific railroad line. The main reason that they were targeting beca work was to give alliances the legal rights of populate in lodge to maintain minority rule and to avoid democracy. In this essay we get to discuss the ch every last(predicate)enges that assimilate develop with incorporated personhood, its impact on other businesses and the club at large. We similarly get to look at the current affairs and state of corporate personhood.\r\nIn comparison, of the two articles which ar, The endangered public company and the steep Santa Clara Corporate personhood recognized, we get to see some of the points in which the two articles concur and those that they differ. We argon overly sledding to look at the Strength and Weaknesses of their decision or arguments. The title endangered public company comes into use because the jackpots ar being targeted for closure, some people ar of the mind that corporations wee been given too more power and they end up ruling us instead of us controlling them (The Economist, 19 whitethorn 2012). Corporations are doing a lot of damages and in skillfulices to other small businesses and due to the incident that it displace non be punished or fined. It avoids justice which umteen people imagine or feel is not fair for the community.\r\nEvery whizz should be answerable for the mistakes they commit and no ace is in a higher place the law. In one of the articles th at critics are challenging corporate personhood, they are against it and would wish for it to be made abominable and all the issues regarding the corporation be directed to a particular item-by-item, only the railroad barons and lawyers get forth with their mischiefââ¬â¢s by giving corporations personhood, we besides get to see that people are criminate Mark Zuckerberg, the founder of Face withstand directly, ignoring the fact that he is not Facebook as Facebook is now a separate entity that preempt sue and be sued. Although, Zuckerberg acts on behalf of Facebook; he pile buoynot be held accountable for the deeds done under the umbrella of Facebook. (The Economist, 21 May 2012)\r\nIn both of the articles, corporate personhood ends up being recognized as legal though some critics donââ¬â¢t like it. It is however, important that we get to see the strengths and weaknesses of a corporation personhood. Some of the benefits that a business or the individuals owners of the b usiness may get from being in a corporate are. The ability of the corporation to carry all its liabilities incases of any calamity; in case of nonstarter or any other unfortunate occurrence, the corporation will be responsible for the damages and not the individual owners. The railroad barons can now present in comfort for the blames will not be put up to them but directed to the corporation, Zuckerberg can excessively relax for the actions taken by face book are not answerable by him (The Economist, 21 May 2012).\r\nThe ability of the corporation to sue and be sued; the corporation can take any person to royal administration if aggrieved in any way and it can also be taken to cost just like it is with Facebook, individuals have taken it to court for the discussion they have received in the social media, it is also clearly seen I the article of Occupy Santa Clara Personhood reconsidered that a number of corporation have been taken to court for one reason or the other, it is evident that nigh of the corporations always go scot free immediately their lawyers abduce the decision made by the supreme court in the case of Santa Clara County Vs. Southern Pacific Railroad.\r\nThis is because the court have to always uphold previous decisions or judgmentsââ¬â¢ made especially if it were made by a court that is of a higher authority that the one currently in question. A corporation can live forever, in case of death of any of the owners it just continues operating, a simple process of commute of ownership is all that is required, and although the founders of the South Pacific Railroad are long gone their corporation is dummy up functioning. disrespect the fact that a corporation can be sued, an individual cannot take it to jail, this is because itââ¬â¢s just an abstraction, and this is seen clearly in the issue involving the railroad barons. (Diamonds, 2012) Despite a corporation being of enormous advantages and benefits, they also carry with them th eir disadvantages, Some of the weaknesses that can be viewed embroil the fact that the legal familyalities of establishing the corporation are quite many and tedious, an organization will have to adhere to more state and federal rules and regulation.\r\nThe fact that a corporation is expensive to form also gives it a oppose touch, not every individual can just come and decide to form a corporation. The other issue is that since a corporation can be sued and taken to court, if found fineable of the charges levied against it the repercussion might be severe if the shareholders had not prepared themselves good for the consequences, the corporation might be rendered bankrupt or may be put under receivership which may not ogre well with the shareholders. Corporation personhood is an issue of great concern and many people in the current generation are trying to find a way to revolutionize the decision of the Santa Clara case that haunts many legal suits, they are of the opinion that the 126 classs that corporation have been terrorizing people is enough.\r\nHistorian Morton Horwitz is among the individuals who have been trying their level ruff to overturn the ruling of the supreme court of the year 1886, (Meyers, 2002) though it is evident that the court ruling at that time was aimed at protecting the interest of a big business and protecting the barons it will politic be hard to overturn it because its benefits have been seen in the long run. So many countries have choose the same and they have ripped the fruits of corporate personhood. It may have its side effects but for the record, corporate personhood is one of the best things that has ever happened for the benefits it has brought with it far much outweighs the negative aspects of it. People may magnify the negative aspects but it is evident that without corporate personhood there are a lot of things that would not have been achieved, starting with the railroad.\r\nReferences\r\nMeyers, W., (2002). The Santa Clara Blues, Corporate Personhood versus Democracy. Retrieved from http://www.iiipublishing.com/afd/santaclara.html Diamond, S. F., (2012, April 12). Occupy Santa Clara! Corporate Personhood Reconsidered. Dissent Magazine. Retrieved from http://www.dissentmagazine.org/online_articles/occupy-santa-clara-corporate-p\r\n'
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