I'm heading out so I don't have time to provide a long response on this, but I think a major problem with prosecuting corporations, even directors, in the same criminal sense that individuals are prosecuted would be the inevitable strengthening of corporate personhood. Corporations, even when the prosecutions are against directors, would end up being given many of the same substantive and procedural rights as defendants in normal criminal actions.
We've already given corporations rights such as free speech which they don't deserve (I disagree with the AFL-CIO, ACLU, etc.. on this issue and hope that Kasky kicks the shit out of Nike).
I know you want to aim your proposal more at directors, etc.. but there's going to be trouble piercing the corporate veil in a lot of cases.
The debate over corporate personhood is fascinating to me. Without it, essentially they are free to do whatever the hell they want and only pay cash fines (aka. without being penalized). With it, they get a whole host of rights that would probably be enforced for them more fiercely than they are for real human beings. I'm not sure what to think about this issue (and the link you give is helpful). What I do know is that something serious has to be done to curtail corporate malfesiance. We all know Lay is guilty, and we know equally strongly that he is either going to be acquitted or get a softball sentence at a country club. Meanwhile, Enron continues to do business under other names in most of the country and as Enron proper in Texas. Since the socialist solution is obviously going to be unacceptable, I'm just trying to think up pragmatic solutions that are acceptable now. Not that anyone is going to listen to me anyhow
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I agree with the way you frame the issue, but I take an extremely pessimistic view of attempts to reign in corporations under the current economic system. I just don't think it's possible to do so in an effective way.
I don't think that people shouldn't try to do so, but such actions should be thought of as just part of a series of steps on the way to the more massive changes that must (in terms of desirability, not inevitability) take place.
As for the link, I'm glad it was useful. It's from the Wikipedia, a free, publicly-editable encyclopedia, which I view as a hopeful example of the possibility of mutual aid in our society.
sir b. i would you think less of me if i responded to your beautiful handwritten letter with an email? i know its not as personal, but i dont want to lose touch and i know you feel more fondly for tangible letters, but, well, would it be okay? yours, virginia
Sure! Even if you did send a letter, I wouldn't get it for another month or so considering I'm in RI right now. Your journal has been pretty tumultuous and I've found myself wondering, what is going on?
um, but please ignore that mysterious "i" after the greeting - i am not sure why it is there .... how curious, perhaps my ego trying to capture me. it will not succeed, i feel more balanced than that today.
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I'm heading out so I don't have time to provide a long response on this, but I think a major problem with prosecuting corporations, even directors, in the same criminal sense that individuals are prosecuted would be the inevitable strengthening of corporate personhood. Corporations, even when the prosecutions are against directors, would end up being given many of the same substantive and procedural rights as defendants in normal criminal actions.
We've already given corporations rights such as free speech which they don't deserve (I disagree with the AFL-CIO, ACLU, etc.. on this issue and hope that Kasky kicks the shit out of Nike).
I know you want to aim your proposal more at directors, etc.. but there's going to be trouble piercing the corporate veil in a lot of cases.
I'm rambling.
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I don't think that people shouldn't try to do so, but such actions should be thought of as just part of a series of steps on the way to the more massive changes that must (in terms of desirability, not inevitability) take place.
As for the link, I'm glad it was useful. It's from the Wikipedia, a free, publicly-editable encyclopedia, which I view as a hopeful example of the possibility of mutual aid in our society.
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