I just finished reading Joel Bakan's 2004 book The Corporation. The book (and the accompanying documentary film (which is available on YouTube) outline the pathology of the corporation, given the centrality of corporations to modern life. On that point, Bakan writes that:
Today, corporations govern our lives. They determine what we eat, what we watch, what we wear, where we work, and what we do. We are inescapably surrounded by their culture, iconography, and ideology. And, like the church and the monarchy in other times, they posture as infallible and omnipotent, glorifying themselves in imposing buildings and elaborate displays. Increasingly, corporations dictate the decisions of their supposed overseers in government and control domains of society once firmly embedded within the public sphere.
This is Bakan at his most sweeping, and not always at his most convincing. It's clear that we have far more agency in our dealings with corporations than Bakan intimates. But nevertheless, corporations are and have been a big influence on consumer and government decision-making over many decades. That is why, despite being over twenty years old, the book retains its currency. The underlying incentive problems for large corporations have not really changed in that time, even if the particular corporations that might be the target of criticism may have.
Bakan's book develops a portrait of the corporation and its influence that is more than a caricature based on worn-out tropes. His work is based on exhaustive interviews (many of which can be seen in the documentary film) and research. And Bakan avoids the temptation, which many authors of similar books seem not to, to pin the blame solely on neoliberalism, laissez-faire economics, or economics in general. Instead of relying on such lazy cliches, Bakan provides a reasoned argument for questioning the place of the corporation in the modern economy.
One part of the book I appreciated in particular was the section talking about corporate social responsibility (CSR). I hadn't appreciated that CSR initiatives dated back as far as the end of World War I, where they were referred to as 'New Capitalism'. Bakan really takes issue with the double standards that corporations play, which is ably demonstrated by this passage:
Take the large and well-known energy company that once was a paragon of social responsibility and corporate philanthropy. Each year the company produced a Corporate Responsibility Annual Report; the most recent one, unfortunately its last, vowed to cut greenhouse-gas emissions and support multilateral agreements to help stop climate change. The company pledged further to put human rights, the environment, health and safety issues, biodiversity, indigenous rights, and transparency at the core of its business operations, and it created a well-staffed corporate social responsibility task force to monitor and implement its social responsibility programs... The company, which was consistently ranked as one of the best places to work in America, strongly promoted diversity in the workplace. "We believe," said the report, "that corporate leadership should set the example for community service."
That corporation was... Enron. Bakan delivers the punchline flawlessly.
This book is also more than a simple polemic against the evils of corporations. Bakan also considers potential solutions that could bring corporate behaviour more in line with social goals, and with more sincerity and depth than Enron clearly displayed. Bakan considers the potential for regulation, but is skeptical about it due to the risks of regulatory capture. In that, he rightly refers to the work of the economist George Stigler. Bakan finally alights on the prospects of charter revocation laws - laws that would allow the government to terminate a corporation. This is, obviously, a far greater penalty than has ever been imposed on a large corporation. Nevertheless, the rules do exist in many countries.
Bakan's focus on charter revocation is interesting, but seems like an disproportionate response. If we consider the corporation as a person, which is a position that Bakan explicitly critiques, then charter revocation is the equivalent of a death sentence. While some may think that the worst actions of corporations deserve a penalty at that end, the innocent shareholders of the corporation would no doubt disagree. Aside from charter revocation, Bakan also notes that there are several things that governments can do, including improving the regulatory system, strengthening political democracy, creating a robust public sphere, and challenging international neoliberalism. Alongside that, greater penalties for senior managers and directors of corporations that break the rules would likely be an improvement, since that would focus more directly on changing the incentives of the decision-makers whose actions lead to corporate wrongdoing.
I enjoyed reading this book, especially as I didn't feel the need to be constantly defending economics in my mind while reading it. Sadly, Bakan's book could have been written today as many of the problems that he outlines are just as apparent with corporations in the 2020s as they were in the 2000s. There has been plenty of CSR language since then, as well as the rise of environmental, social, and governance (ESG) initiatives, but it is hard to see much of this as more than the same low-level box-ticking exercise that Bakan critiques. There has been far less movement on the deeper institutional reforms that Bakan favours, so it is likely that the problems will be just as apparent for corporations in the 2040s. It doesn't have to be that way, and anyone who believes in change would do well to read this book as a starting point.
