Of Corporations, Courts, Personhood, and Morality

Margaret M. Blair

23 citations0/0 files storedBusiness Ethics Quarterly

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Business Law and Ethics Legal Rights and Human Rights Literary and Philosophical Studies

Abstract

ABSTRACT: Since the dawn of capitalism, corporations have been regarded by the law as separate legal “persons.” Corporate “personhood” has nonetheless remained controversial, and our understanding of corporate personhood often influences our thinking about the social responsibilities of corporations. This essay, written in honor of Prof. Thomas Donaldson, explores the tension in recent decisions by the U.S. Supreme Court and the Delaware Chancery Court about what corporations are, whose interests they serve, and who gets to make decisions about what they do. These decisions suggest that the law does not unequivocally support Donaldson’s vision of corporations as “moral” persons.

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References

2007The Social Responsibility of Business Is to Increase Its Profits 1933The Modern Corporation and Private Property 1975Management. Tasks, Responsibilities, Practices.2006The link between competitive advantage and corporate social responsibility 1994Toward A Unified Conception Of Business Ethics: Integrative Social Contracts Theory 1932For Whom Are Corporate Managers Trustees?2024Second Treatise Of Civil Government 1998For Whom Are Corporate Managers Trustees?

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2022Social Ontology of the Modern Corporation: Its Role in Understanding Organizations 2016Corporate Responsibility, Democracy, and Climate Change 2022Stakeholder-Oriented Firms Have Feelings and Moral Standing Too

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