Philip Pettit (23:49)
Oh dear, that's very unfortunate phrase, corporations as people, because it suggests we should treat them with the same respect that we treat individual people. But let's stick with the and that goes back to the theory Group Agency, that Christian list and I brought up in a book called group agency about 10 years ago. I think that group agents are organized so that they're able to pursue goals and perhaps change the goals that they pursue. And they're able to pursue them. They're organized so that they can pursue them across different scenarios. You know, different obstacles, different opportunities appear. Then the corporation can actually adjust what it does in order to fulfill its goals. Think about a commercial corporation, you know, a hedge fund or an oil company or whatever. I mean, the oil company, which has got a goal, presumably of making profits and staying in business and so on, is certainly going to shift to renewable energy sources if it turns out that it's going to start losing customers otherwise. That's an example of there being a goal which you're pursuing in different circumstances. There's something else true about corporations, I think though, that is important. And by corporations, I don't mean just commercial corporations, but also bodies like churches, town council, sometimes the hospital and local area, whatever, which is that they can make commitments or promises and they can be held to those promises. In fact, they held to the promises in law, as we know. You can take corporation to law. Now, that means that corporations are more like human beings than like, for example, animals. I've got a dog. I'm deeply devoted to Dougal, you know, but you well trained and attractive as he is, you can't get Dougal to promise to do anything, you know, part of anything else. You need language, but you also need the sort of capacities that are distinctive of human beings, whether it be individual human beings or human beings acting together in a corporate identity. So, okay, so those are two very important aspects of any corporate body, be it a church, as I say, a town council, a hospital, or a commercial corporation, that it's agentially flexible, it pursues goals across different situations according to its judgments about what's needed in this or that situation. And secondly, like human beings, but unlike animals, because animals do the first, of course, it can make promises and be held to those promises. Now, I think states in that sense are capable of agency. I mean, every state is to some extent an agent because every state is going to have. Every functional state, I should say, is going to have as its goal maintaining a certain system or regime of law, in particular one that satisfies the goal of knowing, enabling citizens where they stand vis a vis one another and vis a vis the government. Every state has that goal. And every state, of course, adjusts in various ways in the pursuit of that goal as things, as situations alter. And when I talk about the state here, for example, the change might be made mainly via executive action, via legislative action come or by action on the part of the courts. You know, when the courts in America recognized same sex marriage, that's a major shift and a tissue. But these are all organs or aspects of the state. Okay, so I think of the state in that sense as an agent, but and as a permissive agent, an agent that can make promises, as in international law, but also, of course, promises to its own citizens that it can be brought to book on. I mean, as in you bring a government to court for breaching the Constitution, for example. Okay, so the next question is, what rights do corporate entities have, as you think, from, you know, what, what can we expect from what responsibilities, if you like, should they have. And the real mistake of saying corporations are people is to suggest that they've got the same rights as people. And you know, I've got, I don't want to rotate in detail, but an argument to the effect that it will be a huge mistake to give corporations the same rights or anything like the rights of individuals. Again, I think American law may have gone too far in that direction. You know, roughly the idea is this, that if we assume that people, the people should have equal rights, and I mean rights established in law defendants on, then it's clear that every right you give to a con give to a corporate body is a right that could impact on the rights of individuals. Like it favors those within the corporate body, for example, and may disfavor those without. And so you've got to taper corporate rights so that they don't jeopardize the rights of individuals within the community. So I would say giving corporations the right to contribute to any level in PACs is going to jeopardize the right of ordinary people to have an influence on what government does. Actually, even allowing, I would say campaign financing of the sort to be allowed by individuals does that. But in any case, this argues for why the rights of corporate bodies should be lesser than the rights of individuals.