The corporate America lever
Wednesday, March 21, 2007
By Brooke Williams
“Give me a place to stand and a lever long enough and I will move the world”
—Archimedes, 220 BC
Systems guru, Peter Senge, believes that the best way to change a
situation is to intervene at the point of highest leverage. Applying
systems thinking to conservation has me wondering what that point might
be.
A month ago, a friend of ours came through town. We hadn’t seen Eric
Reynolds for a while. He’s been involved in the outdoor product
industry for decades and recently started Nau, a new clothing company.
(You can read about Nau in last month’s Outside Magazine.)
Of course, one of Eric’s goals in starting this company was to make
money. But more than that he wanted to explore a new type of corporate
responsibility. Here in America, he says, corporations have all the
rights of individuals, but none of the obligations or responsibilities.
Could it be that corporate America might be the key point of intervention, when it comes to conservation?
As Eric and I talked, I learned that under American corporate law,
corporations have one and only one purpose: to make money for their
stockholders. And if the corporation doesn’t make money, the
stockholders can sue the directors.
Why else, I wondered, can a corporation pollute our lives with toxic
waste that make us sick, give us jobs that are meaningless, dangerous
or both, and pay us less than we can possibly live on? Good people do
bad things with their companies because they have to, according to
corporate law.
I remember that summer of 2003 when the Enron scandal was discovered. I
have a picture in my mind from the television news: A well-dressed,
fit-looking man in a dark suit with a perfect purple tie and a great
haircut is standing next to a police cruiser.
His hands were cuffed behind his back. I remember being surprised by
the look on his face. It wasn’t the hot look of anger and he wasn’t
looking down because he was embarrassed.
He stared directly at the camera with a look that mixed astonishment with total shock.
I could tell that he really didn’t have a clue what he’d done wrong,
because all he had ever done was make money for his company, which is
what he’d always been taught to do. In a way, I felt sorry for him.
Eric left me with a lot to think about and a lot to read. I now have a
stack of articles by Robert Hinkley, a corporate attorney who left his
practice to promote his Code for Corporate Citizenship. Hinkley writes
in the Multinational Monitor that
The cause of most corporate abuse is no secret. The thing that keeps
greenhouse gases pouring out of smokestacks and tailpipes is the same
thing that results in vendors of designer sneakers paying Third World
children less than a dollar an hour.
It’s also the same thing that keeps tobacco companies marketing their
products to children, fast food companies paying less than living wage
and meat packing companies maintaining dangerous working conditions.
That thing is the dedication of the corporation to the pursuit of
profit.
The law stating that the purpose of a corporation is to make money is
called the doctrine of shareholder primacy. Hinkley believes in adding
28 words to the law of shareholder primacy.
His new Code for Corporate Citizenship would then read, “the purpose of
this corporation is to make money, but not at the expense of the
environment, human rights, the public health or safety, the communities
in which the corporation operates, or the dignity of its employees.”
I hold a strong belief that people, given the right choices, are more
likely to do what’s right. Corporations have the same rights as
individuals. Corporations are comprised of people.
Imagine a future where corporations are no longer required to make
profits regardless of the cost to society, and those in charge begin to
make the right choices. Business – corporate America – could become the
lever that moves and saves the world.
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