ARENA Tuesday seminar: Turkuler Isiksel (online)
Turkuler Isiksel presents the paper 'Corporations as Rights-bearers' at the ARENA Tuesday seminar on 2 March 2021.
What constitutional and/or human rights are corporations entitled to claim, if any? The predominant approach to this question models the rights of corporations on natural persons. In doing so, it ignores salient distinctions not only between these two types of agents, but also amongst corporations as diverse as universities, churches, and businesses. As a result, an arts-and-crafts retailer can claim religious freedoms equivalent to a church, and a bank’s freedom of speech can be construed as widely as that of a newspaper. This paper addresses these twin failures by setting out a conception of the corporation that emphasizes its purposive nature. The corporate form is valuable insofar as it allows individuals to pursue their ends, values, and life plans in association. Since the corporation’s claim to moral consideration stems from its role in facilitating purposive action in concert, its rights must track what is necessary to fulfil these purposes.
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Please note that this paper is work in progress and thus has limited distribution, please contact us if you would like access. Do not cite without permission from the author.