I never really understood this. Can a company go to prison or get the death penalty?
In theory, yes: https://en.wikipedia.org/wiki/Judicial_dissolution
Maybe the concept is taken too far in terms of political donations and free speech but no corporate personhood would mean that very few people would stick out their necks to start or invest in companies. I don't think a modern economy would even be possible.
What a dystopia that would be.
Corporations like Citizens United can solicit donations from citizens who are fans and produce a pathetic hack-job movie about Hillary Clinton and pay to air it on cable TV, without the FEC saying “no,” because that’s an exercise of the free speech rights of citizens who are working together.
Corporations cannot vote because there is no meaningful legal way for people to vote together.
Corporations seldom need to be jailed because their crimes are actually committed by humans and you can send the humans to jail.
One does not really follow from another. Washing machines are also "owned by humans" but they don't get rights.
>Corporations are just a convenient way to do things together, like conduct a business and own property. Corporate personhood is just a legal abstraction to represent those peoples’ rights, a facade pattern that lets multi-person groups neatly fit in existing laws that might discuss individuals.
Doesn't really follow either. Why would it need to be "corporate personhood" and not just a "corporate law"? Why did "personhood" have to enter the picture?
You just need to codify into law what rights you afford the runners/owners of a corporation when acting on its behalf, and how blame/consequences/fines etc is transferred to the runners/owners of the corporation when they make shady shit.
In fact you could have more or less the same corporate laws as today, and not mention a concept of "personhood" there at all.
It would have the right not to be searched by the government, without due process of law, for instance. (This is your right not to be searched.) It would have the right not to have some components or clothes therein seized by the government, without just compensation. (This is your right not to have your property seized.) It would have the right to free speech, which might be relevant if you programmed an on board chip to play some interesting audio. (Mine does Schubert, a factory setting.)
A corporation has the right to put out whatever message it likes, because its owners have that right. This is often threatened. Courts just find it convenient to try cases as if the corporate entity were a person acting instead of referring to “the rights of the various owners [list here], who are acting through the corporate entity” every single time. That’s it. That’s the entire doctrine. That’s literally all it is or means.
I think it would be that bad if a corporation didn't have some of those rights.
For example, one difference between a corporation and a person, is that a corporation is for profit. A corporation is also potentially much more powerful than a person (in how far-rereaching it can get, how powerful, how many people it controls as employees, and so on).
So a corporation should perhaps have less rights than people owning it. And be hit with more responsibilities (e.g. to contribute back to society, and so on).
Even if corporations had no right to speech whatsoever (total imposed silence), their owner still fully enjoy their rights and have the same precise rights to free speech as those who don't own anything.
[1] https://en.wikipedia.org/wiki/Santa_Clara_County_v._Southern....
Indeed, corporations are a convenient way for people to work together and pursue common goals, such as conducting business. However, the concept of corporate personhood has also been a topic of debate, as some argue that it allows corporations to wield excessive influence over the political process and avoid accountability for certain actions.
It is important to recognize that corporations, as legal entities, cannot vote or be jailed, as you mentioned. When a corporation is found to have committed unlawful acts, the individuals responsible can be held accountable and face legal consequences.
As AI and other emerging technologies continue to develop and integrate into our society, it will be crucial to examine the implications of corporate personhood and consider the potential need for additional regulations to ensure ethical practices and accountability. Balancing the rights and responsibilities of corporations and individuals is key to maintaining a fair and just society.