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The Psychology of Corporate Rights

49 Pages Posted: 18 Jul 2014 Last revised: 13 Dec 2014

Avital Mentovich

University of California, Los Angeles (UCLA) - Department of Psychology

Aziz Z. Huq

University of Chicago - Law School

Moran Cerf

Northwestern University - Kellogg School of Management; New York University (NYU); UCLA Department of Neurosurgery

Date Written: December 2014

Abstract

Relying on the corporate personhood doctrine, the U.S. Supreme Court has increasingly expanded the scope of rights granted to corporations and other forms of collective entities. While this trend has received widespread attention in legal scholarship and the media, there is no empirical research examining how people think about the rights of corporations. We investigated this issue in a series of three studies, each exploring a different constitutional right (religious liberty, privacy, and freedom of speech). In each study, we examined people’s willingness to grant rights in several types of business contexts (i.e., a ‘closely held’ family business, a large national corporation, for-profit and non-for-profit companies) and to different types of targets (i.e., employees, owners, and the company as a separate entity). We also looked at whether perceptions of corporate (versus individual) rights are affected by political ideology. Our results demonstrate that people are significantly and consistently less willing to grant the same scope of protection to companies versus people, particularly if these companies are for-profit large corporations. This tendency persisted among both liberals and conservatives. We identified ideological differences in the relations between employee and company rights: these were positively related among conservatives and more conflicting among liberals. Importantly, we found some evidence that people grant rights to companies because they want to protect the rights of individuals. Taken together these results indicate that, psychologically speaking, individuals (and not corporations) are the appropriate recipients of rights.

Keywords: Rights, Corporations, Political Ideology, Moral patiency

Suggested Citation

Mentovich, Avital and Huq, Aziz Z. and Cerf, Moran, The Psychology of Corporate Rights (December 2014). U of Chicago, Public Law Working Paper No. 497. Available at SSRN: https://ssrn.com/abstract=2467372 or http://dx.doi.org/10.2139/ssrn.2467372

Avital Mentovich (Contact Author)

University of California, Los Angeles (UCLA) - Department of Psychology ( email )

Los Angeles, CA 90095-1563
United States

Aziz Z. Huq

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

Moran Cerf

Northwestern University - Kellogg School of Management ( email )

2001 Sheridan Road
Evanston, IL 60208
United States

New York University (NYU)

40 W. 4th Street
Suite 900
New York, NY 10003-711
United States

UCLA Department of Neurosurgery

405 Hilgard Avenue
Box 951361
Los Angeles, CA 90095
United States

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