AsianSensationK said:
I'd be careful here. Law and legislation are not quite the same thing. One is very, very broad and the other is very narrow. Theories like torts and contracts are far more fundamental to law than all this new legislation that gets passed. These theories are part of the common law determined by judges throughout history, not by legislative bodies. Because of that these theories have the benefit of history backing them up all while the concepts get re-shaped and re-defined by new situations.
Yes, law and legislation are different things. According to FA Hayek, law is something that human beings do and design on their own, while legislation is something that is often decided in courts and most people are unaware of.
AsianSensationK said:
Would businesses kill? Probably not these days. That's an exaggeration.
Could businesses not honor the terms of their contract or try to enforce un-enforceable contracts? It's happened before. Would they engage in horribly negligent actions? Again, it's happened before and it's one of the reasons the law developed in the first place.
My point was that often times businesses honor contracts more for future business (read: profits) instead of legislation. Again, I am not saying that legislation is unimportant, just that it's not the only thing to consider, and that other aspects probably play even a more prominent role in describing organizational behavior.
CaptainQuasar said:
If you really believe that you are demonstrating ignorance of the history of corporate crime, even recent corporate crime. Businesses kill people all the time. Remember the lead-poisoned toys from China? The equivalent of the Chinese head of the FDA was http://news.bbc.co.uk/2/hi/asia-pacific/6286698.stm" last year for taking bribes to allow things like that to happen after many fatalities.
Ok, fair enough, maybe I just don't know about the numerous cases in which this happens. I hope you will inform me by listing many of the cases. In order to have some sense of proportion though, we'll need to compare the numbers you get, with the total number of business activity that takes place. I'm sure the results will be that businesses harming people is a very small percentage of the total activity.
Yes, I remember the Chinese lead toy situation. I also remember it seemed to get handled pretty quickly. To my knowledge, no one was killed due to these toys. I always wondered how drastic the situation really was, and how much of the dramatization was media spin for a good story. I also wondered how the lead in those toys compared to the lead in some of the toys that I played with as a child.
Do you really think that someone will just get away with selling very harmful toys? Don't you think that if Toys-R-Us started selling toys that were killing people, they'd probably go bankrupt? Don't you also think that Toys-R-Us would probably not trust a producer who sold them harmful toys in the first place? My point is that these things are bad for business, which is precisely why they are rare, and precisely why they get nipped in the bud right away. Just for the record, I do think the legal system is important. If someone's child dies or gets sick because of these toys, they definitely have the right to sue Toys-R-Us.
I also remember when Jack-in-the-Box had an ecoli break out. Again though, they figured it out soon and took the necessary actions. Furthermore, I'm sure they lost a ton of business for awhile because people were afraid to eat there. I also bet they try really hard to not let it happen again.
CaptainQuasar said:
The http://en.wikipedia.org/wiki/Bhopal_disaster" . The wars in the Congo and Central African Republic which mining companies are all too ready to permit and promote while they send armed parties into bribe warlords and extract resources.
I read the wikipedia article, and it truly is a tradegy. My point is that these things are the exception to the rule.
CaptainQuasar said:
But of course, I didn't say anything about comparison with governments, I just said that businesses have a duty to promote the public good and avoid harming the public and the public good and they often have to be forced to fulfill that duty. Governments and government officials being irresponsible or acting criminally does not relieve corporations of their own duty to the public good. This is a red herring.
I mainly disagree with the statement "they often have to be force to fulfill that duty." The hole argument I am making is that companies help people (as opposed to harm them) precisely because they are greedy, and you can't stay in business very long by screwing over your customers. They don't do it because they care for us, they do it because they care for themselves. That's the reason capitalism works fairly well, because people are given strong incentives to do the right thing most of the time.
CaptainQuasar said:
I don't usually like to sound patronizing but I seriously have to ask, do you know any history at all? That's just about all big business does when it has free rein. Much of the social and political progress that has occurred in the last two centuries has involved restricting wealthy people and wealthy businesses from harming and killing people at their convenience and plundering the public good.
I definitely am not the most versed in history, I will admit that.
I hope you will fill me in. Explain to me all these wealthy people who completely screwed people over? It seems to me, usually the wealthy people in history who screw people over are political leaders, which is a different story.
Like I said before, I'm not against legislation. As I see it, people have 3 basic rights (life, liberty, and property) and others cannot interfere with those rights. If a business is plundering one's property, or harming one's life, then they should pay the consequences (just like an individual would). This is totally different from minimum wage legislation, safety legislation, and a whole host of other legislation.
How do you figure that the progess is due to these legislations and regulations you are referring to?
CaptainQuasar said:
Citizens also have a duty to promote the public good and avoid harming the public and the public good. The difference is that while citizens (unless they were rich) have always gotten nabbed for breaking the law, through most of history businesses have usually managed to get away with it.
Again, explain to me all these rich people who were allowed to infringe on peoples rights?
CaptainQuasar said:
Yes, businesses are supposed to serve the public good. That's the entire justification for the existence of laws forcing them to do so.
I see it differently, but maybe I'm getting to caught up in semantics. I see businesses as serving very small sections of the public good. Essentially, they're liable to their customers and no one else (unless they're harming others). In the aggregate, there are many businesses, so all of them are serving somebody and therefore most people get served.
Often times laws are justified not so much for making sure businesses don't harm people, but rather to have power and control over businesses in order to be able to tell them what to do. Legislation is rarely used to promote the public good, instead it's mainly used to promote special interest. Businesses use legislation to harm other businesses. Businesses use legislation to harm customers. Customers use legislation to harm businesses. Workers use legislation to harm businesses. Workers use legilsation to harm customers. Politicians and other "public servants" use legislation to harm businesses, workers, and customers.
CaptainQuasar said:
Businesses certainly often wish they didn't have to worry about things like safety and pollution and good husbandry of commonly-owned things like ocean fish stocks, mineral resources, or the radio spectrum, or comply with measures for the public good like zoning regulations. But tough luck for them, they'll just have to run home and throw themselves on their bed and cry big salty tears onto the pillows stuffed with cash.
You claim I am displaying ignorance about history. Well, I would say you're displaying ignorance about economics.
Yeah, they have to be restricted for commonly owned land because they will over use. This is a result of a lack of property rights. Ever heard of the tragedy of the commons? However, if someone actually owned some of these things, then many of the problems would be taken care of for the same reasons I've been mentioning throughout this post (they'd have an incentive to not over use).
Zoning regulations hurt citizens, especially the poor. Zoning regulations make it very expensive to build housing in many areas. Thomas Sowell discusses how these regulations are responsible for making homes in many California cities highly expensive to the point that low-income people must live far away from their work and commute numerous hours every day.