The corporation, licenced to kill?
A frequent theme in political rants, both on the libertarian/anarchist right and the socialist/anarchist left, is the notion of the limited liability company. Usually, the concept of limited liability is defined however it best suits the argument, and usually to negative effect. For example, the film The Corporation (2003) was recently screened on SABC 1 in South Africa. As with most bulk-buy trash, it was a late-night broadcast, and I couldn’t keep my eyes open after an hour and a half of distortion, sly inference, slander, oversimplification, quasi-legal mumbo-jumbo, out-of-context quotation, innuendo, and general anti-capitalist drivel. I’m strong, but not strong enough for 145 minutes of Michael Moore, Noam Chomsky and Naomi Klein all together.
Still, I got the idea: The Corporation, portrayed with sinister madness through a montage of accidents, disasters, lost legal battles, famous frauds, cuts to Hitler and a clever theme of selected crude advertising footage from the 1950s, is evil and dangerous. Worse, you and I are just wide-eyed ingĂ©nues too stupid to defend our virtue. For that, we have heroes like Captain Moore, Gnome Chomsky and the Little Gnome. One of the major themes in the film was this notion of (cue dramatic crescendo)… limited liability. It was vaguely interpreted to imply a corporation and the evil people that comprise it — by which they mean everyone above the LOE (line of evility) that you’ll find on every HR (human resources) org chart at about the level of M/CM (middle and compromised management) — gets to deny liability for their actions. In essence, a limited-liability company charter, granted by the evil corporatist government, is a licence to exploit, harm and kill, and exploiting, harming and killing customers and employees is a great way to make money. Or so the illogic goes.
If this kind of thinking is appealing, because you’re either a right-wing anarchist who thinks governments are evil and therefore legal protections granted in corporate law are probably evil too, or you’re a left-wing socialist who thinks corporations are evil and have corrupted government in order to exploit the poor masses, it may be worth reading an excellent essay by Brad Edmonds, over at the Ludwig von Mises Institute, in which he discusses what a limited liability company is and is not, who is and isn’t liable, and on what legal, political and philosophical grounds the concept is based.



