The New Corporation

Silver WINNER of the 2021 Axiom Business Book Awards in Business Ethics WINNER of the 2021 Jim Deva Prize for Writing That Provokes From the author of The Corporation: The Pathological Pursuit of Profit and Power comes this deeply informed and unflinching look at the way corporations have slyly rebranded themselves as socially conscious entities ready to tackle society's problems, while CEO compensation soars, income inequality is at all-time highs, and democracy sits in a precarious situation. Over the last decade and a half, business leaders, Silicon Valley executives, and the Davos elite have been calling for a new kind of capitalism. The writing was on the wall. With income inequality soaring, wages stagnating, and a climate crisis escalating, it was no longer viable to justify harming the environment and ducking taxes in the name of shareholder value. Business leaders realized that to get out in front of these problems, they had to make social and environmental values the very core of their messaging. Their essential pitch was: Who could be better suited to address major societal issues than efficiently run corporations? There is just one small problem with their doing well by doing good pitch. Corporations are still, ultimately, answerable to their shareholders, and doing well always comes first. This essential truth lies at the heart of Joel Bakan's argument. In lucid and engaging prose, Bakan lays bare a litany of immoral corporate actions and documents corporate power grabs dressed up as social initiatives. He makes clear the urgency of the problem of the corporatization of society itself and shows how people are fighting back and making gains on a grassroots level.

The inspiration for the film that won the 2004 Sundance Film Festival Audience Award for Best Documentary, The Corporation contends that the corporation is created by law to function much like a psychopathic personality, whose destructive behavior, if unchecked, leads to scandal and ruin. Over the last 150 years the corporation has risen from relative obscurity to become the world’s dominant economic institution. Eminent Canadian law professor and legal theorist Joel Bakan contends that today's corporation is a pathological institution, a dangerous possessor of the great power it wields over people and societies. In this revolutionary assessment of the history, character, and globalization of the modern business corporation, Bakan backs his premise with the following observations: -The corporation’s legally defined mandate is to pursue relentlessly and without exception its own economic self-interest, regardless of the harmful consequences it might cause to others. -The corporation’s unbridled self-interest victimizes individuals, society, and, when it goes awry, even shareholders and can cause corporations to self-destruct, as recent Wall Street scandals reveal. -Governments have freed the corporation, despite its flawed character, from legal constraints through deregulation and granted it ever greater authority over society through privatization. But Bakan believes change is possible and he outlines a far-reaching program of achievable reforms through legal regulation and democratic control. Featuring in-depth interviews with such wide-ranging figures as Nobel Prize winner Milton Friedman, business guru Peter Drucker, and cultural critic Noam Chomsky, The Corporation is an extraordinary work that will educate and enlighten students, CEOs, whistle-blowers, power brokers, pawns, pundits, and politicians alike.

In this landmark work on corporate power, especially as it relates to women, Rosabeth Moss Kanter, the distinguished Harvard management thinker and consultant, shows how the careers and self-images of the managers, professionals, and executives, and also those of the secretaries, wives of managers, and women looking for a way up, are determined by the distribution of power and powerlessness within the corporation. This new edition of her award-winning book has a major new afterward in which the author reviews and analyzes how attitudes and practices within the corporate power structure have changed in the 1990s.

Modern multinational corporate groups of incredible complexity conducting world enterprises through numerous subsidiaries have rendered traditional corporation law archaic. The traditional concept of each corporation as a separate legal unit clashes with modern economic realities and frustrates effective regulation when applied to affiliated corporations collectively conducting a common enterprise. In response, there is emerging a law of corporate groups directed at the enterprise rather than its corporate components. As national legal systems begin to apply enterprise law to multinationals, including their foreign companies, the resulting extraterritorial application of national law inevitably leads to international controversy. Resolution of the problems presented by conflicting national regulation of multinational enterprises presents a major challenge to international law and foreign relations law, as well as to corporation law. This volume is a comprehensive review and analysis of these major legal developments and their economic and political implications. It concludes with a pathbreaking analysis of the jurisprudential implications of the changing corporate personality in enterprise law focusing on economic organization rather than on the conceptualized legal entity of yesterday.

It may be hard to believe in an era of Walmart, Citizens United, and the Koch brothers, but corporations are on the decline. The number of American companies listed on the stock market dropped by half between 1996 and 2012. In recent years we've seen some of the most storied corporations go bankrupt (General Motors, Chrysler, Eastman Kodak) or disappear entirely (Bethlehem Steel, Lehman Brothers, Borders). Gerald Davis argues this is a root cause of the income inequality and social instability we face today. Corporations were once an integral part of building the middle class. He points out that in their heyday they offered millions of people lifetime employment, a stable career path, health insurance, and retirement pensions. They were like small private welfare states. The businesses that are replacing them will not fill the same role. For one thing, they employ far fewer people—the combined global workforces of Facebook, Yelp, Zynga, LinkedIn, Zillow, Tableau, Zulily, and Box are smaller than the number of people who lost their jobs when Circuit City was liquidated in 2009. And in the “sharing economy,” companies have no obligation to most of the people who work for them—at the end of 2014 Uber had over 160,000 “driver-partners” in the United States but recognized only about 2,000 people as actual employees. Davis tracks the rise of the large American corporation and the economic, social, and technological developments that have led to its decline. The future could see either increasing economic polarization, as careers turn into jobs and jobs turn into tasks, or a more democratic economy built from the grass roots. It's up to us.

Computer game designers craft techniques to titillate children with sex and violence, while social media developers infiltrate and shape children's social and emotional worlds to compel them to spend more and more monetizable time online. America's schools are being transformed into profit centers while children are subjected to increasingly regimented teaching that thwarts curiosity and creativity, numbing the joy of learning. And children's chronic health problems, from asthma to cancer, autism, and birth defects, steadily escalate as thousands of new industrial chemicals are dumped into their environments. Nelson Mandela once sagely remarked that "there can be no keener revelation of a society's soul than the way it treats its children." The problem today, as Joel Bakan reveals, is that business interests have made protecting children extremely difficult.

This book shows how the modern corporation must meet the expectations of diverse constiutents who contribute to its existence and success, the stakeholders: resource providers, customers, suppliers, alliance partners, and social and political actors. It argues that the corporation must be seen as an institution engaged in mobilizing resources to create wealth and benefits for all its stakeholders.