In previous essays I have written about corporate personhood as well as corporate inversion. Corporate inversion, briefly put, is when a corporation buys a foreign corporation and then “inverts” ownership. For example, an American corporation like Burger King might buy a Canadian corporation and then move its corporate headquarters to Canada to take advantage of the lower tax rate. As might be imagined, some people have been rather critical of this practice. President Obama has even asserted that such corporations are unpatriotic.
While listening to NPR a while back, I heard an interesting argument advanced by one of the guests. He began by noting how Mitt Romney had taken some flak for asserting that corporations are people. He then mentioned how Obama called the corporations that engage in corporate inversion unpatriotic. He then raised the point that criticizing corporations for being unpatriotic is to accept them as people. This does raise a somewhat interesting question about whether this is right or not.
In the United States, corporations are legally persons—and the Supreme Court seems to be committed to granting them all the advantageous and convenient rights of actual persons (while not saying anything about the fact that it is illegal to own persons in the United States). I have argued at length that corporations are not people and should not have that legal status—so I will not repeat those arguments here. However, I will obviously address the issue of whether a corporation can be called unpatriotic without the accuser being committed to the personhood of corporations.
On the side of corporate personhood, it could be argued that being unpatriotic (or patriotic) requires the sort of intentional and emotional mental states that only a person could possess. As such, if a corporation is unpatriotic, then it is a person.
Interestingly enough, this sort of language argument has been used by various philosophers such as Socrates and John Locke. In arguing for universals, Socrates (or Plato) would proceed from how one talks to an ontological commitment. In discussing personal identity, Locke took the fact that people use expressions such as a person not being themselves as evidence that someone in a normal state of mind can be a different person from someone in an abnormal state: “human laws not punishing the mad man for the sober man’s actions, nor the sober man for what the mad man did, thereby making them two persons: which is somewhat explained by our way of speaking in English, when we say such an one is not himself, or is beside himself; in which phrases it is insinuated, as if those who now, or at least first used them, thought that self was changed, the selfsame person was no longer in that man….”
The easy and obvious counter is that when someone refers to a corporation as being unpatriotic (or patriotic), she need not commit to the corporation itself being a person. Rather, the person is just using a shorthand expression in place of asserting that the people who decide to implement the inversion and make it happen are acting in (what is seen as) an unpatriotic way. To use an obvious analogy, if someone claims that a sports team is enthusiastic, the she is not committed to the team being a person—an entity over and above the players, coaches, etc. Rather, she is just using conversational shorthand to refer to the members of the team. If such conversational shorthand expressed a commitment to personhood, then people would be routinely expressing commitments to a vast number of entities—thus dramatically swelling the ontology of persons. This seems both odd and unnecessary. Given the injunction of Occam’s razor, due care should be used when moving from how people speak to an ontological commitment. In the case of corporations and other groups, it would seem to suffice to attribute the mental states to the people that make them up rather than adding another entity to the matter. As such, the appeal to language argument for corporate personhood fails.
Thus, someone can claim that a corporation is unpatriotic (or patriotic) without being committed to corporate personhood. Just like a person can talk about team spirit without being committed to team personhood.