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tk2kewl Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-10 01:35 PM
Original message
What is a corporation?
Edited on Fri Jun-11-10 01:38 PM by tk2kewl
I am no lawyer or economist but lately I have been trying to wrap my mind around what a corporation really is.

As far as I can tell it is nothing more than a money making machine. Some machines are better designed and perform better; some have operators that actually care about more than the machine's purpose and some do not.

Corporations do not have a conscience or soul and like other machines can be used improperly or exploited in ways that cause harm. Unfortunately it seems that the people running most corporations care little or nothing about the collateral damage caused by their money making machines, and will do anything they can get away with to increase the money making output.

The bottom-line does not care what the working parts of the machine are or what product it peddles to generate cash. It appears to me that, if they could get away with it, most corporations would grind up babies to make baby food while pushing anti-choice legislation on women and lobbying congress to turn over all babies without health insurance to the baby food factories. Cutting good jobs out home for cheap labor abroad is just another way to tune the machine. Better yet, if a corporation could fire everyone and just have a Kinkos in Bangladesh print cash without anyone noticing, that would probably become the preferred business model.

So, most reasonable Americans, and probably even a majority of the unreasonable ones, understand, accept and even encourage the idea of safety standards for cars and all sorts of other machines we use each day. So why would we not want a new Corporate Machinery Protection Act to ensure the safety of our health, jobs, economy and planet?

Just my 2¢
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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-10 01:37 PM
Response to Original message
1. Is it a typo?
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tk2kewl Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-10 01:38 PM
Response to Reply #1
2. i guess it is...
:P
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TomClash Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-10 01:38 PM
Response to Original message
3. Precisely and simply
It is a legal way to limit the investor's liability to the amount he or she invested in the enterprise. Nothing more and nothing less.

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AnArmyVeteran Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-10 01:42 PM
Response to Reply #3
7. Did you know 100 years ago it took Texas legislature approval to form a corporation?
The government so feared the corrupting influence of corporations that it severely restricted their creation. A lot has changed in 100 years. Now corporations OWN the government. The folks in Texas were right about their fear.

Texas always used to be a mostly blue state, but turned bright red in 1992 when Bush became governor. You should have listened to his debates then. What a dolt. But most Texans don't seem to have much respect for intelligence.
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Gaedel Donating Member (802 posts) Send PM | Profile | Ignore Fri Jun-11-10 03:03 PM
Response to Reply #7
11. Texas corporations
Texas also restricted the operation of corporations that were chartered by other states to operate in Texas.

Railroads running though Texas were forced to charter Texas corporations for their operations there.

Southern Pacific = Texas and New Orleans

Santa Fe = Houston and Santa Fe

Missouri Pacific = Texas and Pacific


Much of our corporate law precedents came from the railroads. Creating corporations was the only way a large enterprise like a railroad would be built.

Prior to railroads, most businesses were sole proprietorships or partnerships.

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AnArmyVeteran Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-13-10 10:11 AM
Response to Reply #11
13. Thanks for the info. It sounds like you know quite a bit about corporations.
Do you remember any of the details of the Texas limitation on corporations a hundred years ago? I've been trying to find more detailed info on it but haven't had much luck. Thanks again.
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Richardo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-10 01:44 PM
Response to Reply #3
8. This is the credited response.
:thumbsup:

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Blue Owl Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-10 01:39 PM
Response to Original message
4. The SCROTUS FIVE will do the thinking around here
In corporate profit we trust.
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FiveGoodMen Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-10 01:40 PM
Response to Original message
5. Some people who have more than enough money to get by on...
make a deal with some modern-day knights to go forth and collect from all the serfs in the land and bring that dough back to the already-ahead-in-the-game (who contribute nothing except their glorious richiosity -- No, they don't take risks, they hedge against those and if even that fails, they demand that the rest of us make up the difference).

For their trouble, the knights get a small cut of the action.
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Oregone Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-10 01:41 PM
Response to Original message
6. Wealth distribution mechanism which lowers risk of beneficiaries
"money making machine"

Money, or wealth, was generated prior to corporations. Its generated through the process of production. All the corporation does is make sure the profits from that wealth generation is distributed to the "owners" (the born elite), rather than the workers. With corporations, most often, workers have no rights to the profits of production, whatsoever.

It also acts to guard the owners from risk and liability. If a corporation kills people, the shareholders do not have to go to jail (which is not the same if a sole proprietor gets found guilty of negligent manslaughter

Its for the rich.
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Echo In Light Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-10 01:47 PM
Response to Original message
9. Chomsky ...
Q: Could you tell us in detail how the corporation became so powerful?

How it became so powerful? Well, we know it very well. There were enormous market failures, market disasters in the late 19th century. There was a brief experiment, a very brief experiment, with something more or less like capitalism, not really but partially, really free markets, and it was such a total catastrophe that business called it off because it couldn't survive, and there were moves in the late 19th century to overcome these radical market failures and they led to various forms of concentration of capital: trusts, cartels, and others, and the one that emerged was the corporation in its modern form.

And the corporations were granted rights by the courts. I mean, I know the Anglo-American history fairly well - but I think it's pretty much the same elsewhere, so I'll keep to that one - in the Anglo-American system the courts, not the legislators, gave the corporate entities extraordinary rights. They gave them the rights of persons, meaning they have the right of freedom of speech, they can propagandize freely, advertise, they run elections and so on, and they have the protection from inspection by the state authorities which means that just as the police technically can't go into your apartment and read your papers, the public can't find out what's going on inside these totalitarian entities. They're mostly unaccountable to the public. Of course they are not real persons, they are immortal, they are collectivist legal entities. In fact they are very similar to other organizational forms we know and are one of the forms of totalitarianism that developed in the 20th century. The others were destroyed, these still exist, and later they were required by law to be what we would call pathological in the case of real human beings.

So they are required legally to maximize power and profit no matter what effect that has on anyone else.
They are required to externalize costs, so if they can get the public or future generations to pay their costs, they are required to do that. It would be illegal for corporate executives to do anything else.

By now, in what are called trade agreements, which have nothing much to do with trade, corporations are granted rights that go way beyond the rights of persons. They are granted the right of what's called "national treatment." Persons don't have that right. Like if a Mexican comes to New York, he can't claim national treatment, but if General Motors goes to Mexico, it can claim national treatment. In fact corporations can even sue states, which you and I can't do.

So they're granted rights way beyond persons. They are immortal, they are extraordinarily powerful, they are pathological by legal requirement, and that's the contemporary form of totalitarianism. They are not truly competitive, they are linked to one another. So Siemens and IBM and Toshiba carry out joint projects. They rely heavily on state power; the dynamism of the modern economy comes mostly out of the state sector, not the private sector. Almost every aspect of what's called the "New Economy" is developed and designed at public cost and public risk: computers, electronics generally, telecommunications, the internet, lasers, whatever...

Take radio. Radio was designed by the US Navy. Mass production, modern mass production was developed in armories. If you go back to a century ago, the major problems of electrical and mechanical engineering had to do with how to place a huge gun on a moving platform, namely a ship, designing it to be able to hit a moving object, another ship, so naval gunnery. That was the most advanced problem in metallurgy, electrical and mechanical engineering, and so on. England and Germany put huge efforts into it, the United States less so. Out of associated innovations comes the automotive industry, and so on and so forth. In fact, it's very hard to find anything in the economy that doesn't rely critically on the state sector.

After the Second World War this took a qualitative leap upward, particularly in the United States, and while Alan Greenspan and others make speeches about "entrepreneurial initiative" and "consumer choice," and things you learn about in graduate school, and so on, this has almost no resemblance to the actual working economy. In fact a striking example of all this which we see very clearly at MIT, a main technological scientific university, is a recent shift in funding. When I got to MIT 50 years ago, it was Pentagon funded, almost one hundred percent. That stayed true until about 1970. Since then, however, Pentagon funding has been declining and funding from the National Institute of Health and the other so called health-related national institutes has gone up.

The reason is obvious to everybody except maybe some highly theoretical economists. The reason is that the cutting edge of the economy in the fifties and the sixties was electronics-based, so therefore it made sense for the public to pay for it under the pretext of defense. By now the cutting edge of the economy is becoming biology-based. Biotechnology, genetic engineering and so on, and pharmaceuticals, so it makes sense for the public to pay for that and to take the risks for it under the pretext of, you know, finding a cure for cancer or something. Actually what's happening is just developing the infrastructure and insights for the biological-based private industries of the future. They are happy to let the public pay the costs and take the risks, and then transfer the results to private corporations to make the profits. From the point of view of corporate elites it is a perfect system, this interaction between state and private power. There's plenty of other interactions as well. For example, the Pentagon isn't just for developing the economy, it's also for making sure that the world follows corporate friendly rules. So the linkages are quite complex.
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Trillo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-10 01:55 PM
Response to Original message
10. I have trouble equating "human" with "machinery",
though it's certainly true that any animal could be considered sophisticated biological machines. So, maybe I'm just dense, but I simply don't get your "Corporate Machinery Protection Act" line. Humans have some empathy for others, but the machinery or rules of corporate dilute those concerns in favor of making money, which most all can agree upon; even including such mechanisms as only hiring college grads, who, if we are to believe some reports, generally have less empathy, that somehow the process of learning is a filtering process that removes our emotions, and thus our concerns for other animals' welfare, from our thought processes.

I suppose if "Corporate Machinery Protection Act" was along the lines of prevention of corporate personhood, but just called something more palatable (means the opposite of the intent), then I begin to get it. However, if we are going to ask our leaders to create lying names for acts, then why would we, either families or schools, ever demand our children be honest?
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TheKentuckian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-10 03:13 PM
Response to Original message
12. A legal construct that's terms of existence are determined by benefit to the society
Unfortunately, that has been transformed by slicksters and their lackeys to a lifeform on paper to protect actual lifeforms from liability and accountability for their recklessness and criminality.
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