As the corporation's size and power grew, so did the need to assuage people's fears of it. The corporation suffered its first full-blown legitimacy crisis in the wake of the early-twentieth-century merger movement, when, for the first time, many Americans realized that corporations, now turned behemoths, threatened to overwhelm their social institutions and governments.
Joel BakanThe corporation is not an independent "person" with its own rights, needs, and desires that regulators must respect. It is a state created tool for advancing social and economic policy.
Joel BakanCorporations now govern society, perhaps more than governments themselves do; yet ironically, it is their very power, much of which they have gained through economic globalization, that makes them vulnerable.
Joel BakanThe whole difficulty I think that that we're facing now is the question of who is going to ensure that corporations are accountable. The problem with leaving it to activists and non-governmental organizations-even with the tool of the Internet at their disposal-is that those organizations and those people don't have the legal right to compel corporations to disclose information, and that is something that governments can do.
Joel BakanDodge v. Ford still stands for the legal principal that managers and directors have a legal duty to put the shareholders' interests above all others and no legal authority to serve any other interests - what has come to be known as "the best interests of the corporation" principal.
Joel BakanGovernments can can send inspectors to companies. Governments can put legal requirements in place to disclose information that consumers and workers and other interested people need. Non-governmental organizations don't have that legal power and to me, that's what imposes substantial limitiations on how far we can go with trying to keep corporations accountable though non-governmental measures.
Joel Bakan