Weapons of Mass Dispassion: James Hardie and Corporate Law

Abstract

This lecture honours Michael Whincop's work by examining the controversy surrounding attempts by the James Hardie Group in 2004 to isolate its liability in tort to sufferers of asbestos disease. The lecture explores the absence of passion and compassion in corporate law, explains how it deflects moral claims and scrutinises the James Hardie imbroglio in a wider institutional and philosophical context.

Keywords: asbestos, corporate social responsibility, mass torts, corporate governance

JEL Classification: K22, K13