To start the New Year with an interesting and thought-provoking event, Frank Bold and ClientEarth organised a screening of This Changes Everything, a documentary based on Naomi Klein’s international non-fiction bestseller.
We are at a moment in history when we need our corporate businesses more than ever to help us cope with the challenges ahead. We, as a society, though, need to be clear in our understanding of the basis upon which society grants the privileges that now accompany the modern corporate form.
The maximising shareholder value theory, that came to dominate our thinking and policy-making in last several decades, has been linked, as a causative factor, to the recent financial crises. It has been blamed for some of the worst excesses in corporate behaviour, and academics are now broadly questioning the basic tenets upon which it was built. Policy makers are alive to one of its manifestations, short-termism, and are seeking ways to mitigate that type of thinking. A problem in that regard is that they often simply seek to fix the problem by deploying solutions which serve to further entrench shareholder primacy. They never think to ask the fundamental question: "Does this paradigm actually work?"
There is now ample evidence that the shareholder value paradigm is flawed economically, legally and socially. What is lacking is a platform for the development of a coherent vision for a new paradigm of corporate governance which will be more beneficial for society than the present one but which will still allow corporations to remain profitable, to provide jobs and innovative solutions to society’s growing needs. In order for such a beneficial paradigm shift to occur in this area there will need to be collaboration between academics (across a number of disciplines), business leaders, policy makers and civil society.
The Environmental Law Service therefore launched the Purpose of the Corporation Project which aims to create a safe and apolitical space for the relevant actors to explore these important issues.
A key challenge, in this process of consideration, will be avoiding the exercise simply dividing along political/ideological lines. The major questions will include:
Why we have corporations in the first place. What is it that they are designed to do from a societal point of view?
How have the mental models that we use to understand the corporation developed over the years and do they still make sense?
How did we get to the current paradigm? What exactly does it entail? Does it still make sense? If not, what are the reasonable alternatives? What are the risks associated with these?
How do we ensure that our companies will continue to have access to capital and continue to provide innovative solutions to meet society’s needs? How do we ensure shareholders, and potential shareholders, retain trust in corporations to build wealth, in the new paradigm?
How do we balance the necessity for corporations to be profitable with their impacts on society?
What do we understand fundamental concepts such as “competitiveness”, “stakeholder”, and “value” to mean in this context?
For whom are corporate managers trustees?
- How might this be reflected in corporate governance provisions and company law?