mikelepore
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Al68 said:I think you're referring to the concept of limited liability which has nothing to do with criminal law, it's about financial liability. It just means that if I own stock in GM, and GM gets sued or otherwise obtains debt, my personal financial liability is limited to the value of my stock. Nobody can sue me for my house because of something I didn't personally do, they can only get what I have invested in the company.
As far as criminal acts, no such law is needed, since no law existed allowing the criminal prosecution of a person for a crime he didn't commit or even know about.
The managers are the agents of the stockholders, where I use the word "agents" in the legal sense. The directive given by the stockholders to the managers is: maximize profits, do whatever you find you have to do in order to maximize profits, don't tell me about it -- just get it done somehow, and then send me the maximized dividend.
This is a reckless arrangement that is similar to being a drunk driver, in that the outcome may not premeditated but there is common knowledge of that the recklessness often leads to certain outcomes.
In the case of the 1971-1976 Ford Pinto -- this was proven in court -- the company's own estimate was that 180 people would be burned to death and another 180 people seriously injured because of the design of the car, leading to an estimated loss to the company of $49.5 million in lawsuits. The managers compared that number to the estimated cost of $137 million to make the car safe, and they made the conscious decision to have their customers burned to death. They were also explicit in saying it. They said to use the exploding gas tank.
It is an act of reckless endangerment to have a business operate with the charter of maximizing profits. Just as the drunk driver usually makes it home without running over anyone, a business sometimes gets lucky and doesn't kill anyone in a given year. That good luck doesn't negate the general recklessness of using the profit motive.
As for not knowing, when the Mafia boss tells the hit man to "take care of that situation", "see to it that that person will no longer a problem for us", the boss doesn't tell the hit man exactly what to do, and yet there is a reasonable conclusion that the situation is as likely to be almost as lethal as running a large manufacturing company based on the profit motive.
At Love Canal, the Hooker Chemical Company, a subsidiary of Occidental, dumped dioxin, one of the most toxic compounds known, into a hole in the ground. The curve on the map where the ooze got into people's basements and wells is the identical curve as the curve on the map where the elevated rates of fatal illnesses were later reported. The company even covered the dump with backfill and then sold the land it to the City of Niagara Falls school district so they could build a school on top of it.
Did the stockholder premeditate the killing of John Doe? Of course not. Just as the drunk driver didn't premeditate running over John Doe. The situation is just one that everyone knows leads to the statistical outcome.
Here's an interesting statistic. When the Chrysler building was constructed in New York, the managers told the workers that they had several years to get the job done, and were somewhat tolerant of delays due to safety reasons. Nevertheless, one worker was killed on the job. When the Empire State Building was constructed, the management kept nagging the workers to work faster and faster, and insisted that the building had to be constructed in 18 months. As a result, 14 workers were killed on the job. (Another rush project, 31 workers were killed during the construction of the Alaska Pipeline.)
The profit motive has to be abolished. It's a form of drunkenness. It kills indirectly, not by premeditation, but with "statistics."
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