From: Charles Hixson (charleshixsn@earthlink.net)
Date: Fri Sep 12 2003 - 10:26:53 MDT
Randall Randall wrote:
> ...
> Well, limited liability is a State-enforced distortion of
> the market, rather than something inherent in the market.
> I agree that limited liability should be abolished.
> 
Be quite careful here.  The basic distortion is that the corporation is 
granted the rights of a person, without simultaneous having the limits 
or obligations of a person.
Limited Liability Corporations legitimately shield their investors from 
many liabilities for the actions in corporations that the investors 
theoretically have partial ownership in, but over which they actually 
neither have either reasonable control or detailed knowledge.  But I 
know of no ground for shielding the executives of the corporation from 
liability, as seems to be common practice.  And I also feel that the 
board of directors should be more liable.  And the individual employees, 
whether executives or not.  If a corporation pours poison in a 
communities drinking water, then the entire chain of personnel involved 
should be liable.  To the extent that they either knew or should have 
known.  And one scapegoat should not be allowed to exculpate the rest.
This vile example is based on a case where company (Monsanto?) 
calculated that it would cost them less in fines to dump poison in a 
community's drinking water supply than it would to clean it up properly. 
  So they did.  And they were right.  Even though internal memos 
released during the trial showed that they had made this calculation 
ahead of time.  Personally I think this was ground for confiscating the 
entire corpation, and selling it for it's assets, and for sending most 
of the management and most of the directors to jail for premeditated 
murder and many of the staff to jail for accessory during the fact.  But 
they were, instead, given the fine which, as they had calculated, was 
less than the cost of cleaning things up properly was.
As for the investors...most of them still don't know that it happened. 
And many don't even know that they are investors.  (Investment through 
market large cap funds, e.g.)  So while it's a reasonable penalty that 
they should loose their investment, they bear no real culpability.
-- -- Charles Hixson Gnu software that is free, The best is yet to be.
This archive was generated by hypermail 2.1.5 : Fri Sep 12 2003 - 10:36:05 MDT