Unequal Protection: The Rise of Corporate Dominance and the Theft of Human Rights
EUR 9,19
Does not the need of the many outweigh the rights of the few - Margaret Mead s Never doubt that a small group of thoughtful, committed citizens can change the world, indeed, it s the only thing that ever has... has proven right many times. Hartmann s UNEQUAL PROTECTION is a great case study: here, it s one person, a court reporter, who changed history with a set of headnotes. Thom Hartmann discusses the case of J. C. Bancroft Davis and his impact on globalization today in his fascinating study on the rise of corporate dominance around the world. At the same time, and in the spirit of Margaret Mead, he also calls for grassroots and community action. Hartmann s starting point is the question: How did corporations manage to become persons before the law with, at least, the same rights as human beings? How did corporations change from being virtual entities, meaning that they were subject to the controls and supervision by local governments, into becoming legal entities equal to citizens but without the restrictions and responsibilities placed on people. How have multinational corporations become the tail that wags the dogs of governments of the world? Well it s the result of a US Supreme Court Decision regarding the Fourteenth Amendment. Or is it? Hartmann delves deep into US Constitutional history to set the framework in which the fundamental issue of corporate personhood has to be understood. He traces the concept to its roots in 1886, and to court reporter Davis, the official recorder for the Supreme Court Case: The Southern Pacific Railroad vs. the Santa Clara County. Corporate personhood was introduced during this case, but not, as constitutional and corporate lawyers have assumed for some 120 years, by the Court - but by David in the headnotes. That meant it had no legal basis whatsoever. The evidence found by Hartmann confirmed that the Supreme Court specifically decided NOT to rule on the issue of corporate personhood. Hartmann explores possible reasons why this application of the Fourteenth Amendment became so popular with corporate lawyers. He also states categorically that he is not looking for culprits but to point out a flaw in the social system. The impact of the misinterpretation of the Supreme Court decision since 1886 has been fundamental and has reached far beyond the United States. Hartmann traces American history from the birth of American democracy through the birth of corporate personhood ending with the rise of transnational corporations and their role in world trade. He reflects on the emerging conflicts between government and corporations, citing no lesser authority than President Thomas Jefferson and his conviction that freedom from monopolies are one of the fundamental human rights. Hartmann devotes a chapter to the analysis of the unequal consequences on all major aspects of civil rights and responsibilities: protection from risk, taxes, wealth, trade and (political) influence, to list a selection. He concludes on a more positive note with a call to all concerned to redress the power balance and restoring the sharing of responsibility for the Global Commons. This book should be essential reading for all interested in and concerned in our modern trade systems, whether in the US, in other countries or globally. This well researched study is a dramatic read and leaves the reader with ample food for thought. (Friederike Knabe, Ottawa Canada)