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Of Corporations, Courts, Personhood, and Morality

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  • Blair, Margaret M.

Abstract

Since the dawn of capitalism, corporations have been regarded by the law as separate legal “persons.” Corporate “personhood” has nonetheless remained controversial, and our understanding of corporate personhood often influences our thinking about the social responsibilities of corporations. This essay, written in honor of Prof. Thomas Donaldson, explores the tension in recent decisions by the U.S. Supreme Court and the Delaware Chancery Court about what corporations are, whose interests they serve, and who gets to make decisions about what they do. These decisions suggest that the law does not unequivocally support Donaldson’s vision of corporations as “moral” persons.

Suggested Citation

  • Blair, Margaret M., 2015. "Of Corporations, Courts, Personhood, and Morality," Business Ethics Quarterly, Cambridge University Press, vol. 25(4), pages 415-431, October.
    • Handle: RePEc:cup:buetqu:v:25:y:2015:i:04:p:415-431_00
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    Cited by:

    1. Izabela Jonek-Kowalska & Mariusz Zielinski, 2020. "How CSR Affects Polish Enterprises," European Research Studies Journal, European Research Studies Journal, vol. 0(4), pages 785-803.
    2. Samuel Mansell & John Ferguson & David Gindis & Avia Pasternak, 2019. "Rethinking Corporate Agency in Business, Philosophy, and Law," Journal of Business Ethics, Springer, vol. 154(4), pages 893-899, February.

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