A past posting of this blog, On The Banks Of The Styx (3-18-11), noted the conspicuous absence of response by the large corporate citizenry of Japan following the tsunami catastrophe. I may have been wrong. They may have rushed in along with the local and international relief aid. It may all have been done covertly without fanfare or notice. Really? There was no end to the indications that Walmart or Pepsi had extended aid to the residents of the gulf coast after Katrina. BP continues to remind us of how much they have done to make these self same residents whole after their oil well disaster.
The US has received a plethora of tragedy this year to date. In addition to historic storms wiping out entire communities, there has also been almost continuous flooding and its aftermath. Now there is fire. These occurrences are always accompanied by generous relief efforts, both from the much maligned government as well as individuals, local residents and members of charities. Again, there is an acute lack of corporate involvement (though the petroleum institute continuously reminds us of what a disaster it would be to tax them). As mentioned before, it could be a conscious marketing strategy to fly under the radar and go unnoticed as good Samaritans. Really?
Richard Powers’ essay entitled An Artificial Being in the volume Making Things Public (Latour/Weibel) sheds some light on the why and wherefore of this lack. Fortunately Richard did all the legwork to track down the events of conditions and characteristics otherwise taken as given. The recent Supreme Court ruling reaffirming corporations’ rights to all the protections of the constitution and its amendments created a one day uproar over how this could be. Precedent was set in a 19th century Supreme Court decision that referenced the protections granted under the 14th amendment. As Powers points out, that amendment protected any individual from being denied due process and equal protection under the law. Prior to this Richard cites the origins of corporations in the US, the Supreme Court ruling in 1819,Dartmouth vs. Woodward. He quotes Chief Justice Marshall describing the definitive properties of corporations: “Among the most important are immortality, and, if the expression may be allowed, individuality:” Well, the expression has not only been allowed, but taken as law. Why then aren’t these “individuals” joining their fellow citizens in aid and comfort when catastrophes occur?
Powers goes on to quote Marshall as establishing the originating definition of corporations from which all else has evolved and become. “A corporation is an artificial being, invisible, intangible, and existing only in contemplation of the law.” This simple statement enlightens the absence of these individuals within the midst of disaster and economic hardship. Being invisible, they won’t be seen. Being intangible, they won’t be felt. But above all, their only existence is ”in contemplation of the law”. Without legal compulsion, they are not. They only exist in “contemplation of the law”.