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Unequal Protection: The Rise of Corporate Dominance and the Theft of Human Rights
 
 
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Unequal Protection: The Rise of Corporate Dominance and the Theft of Human Rights (Paperback)

~ (Author) "What's going on?..." (more)
Key Phrases: corporate personhood, sample ordinance, jeopardy for the same offense, United States, Fourteenth Amendment, East India Company (more...)
4.5 out of 5 stars  See all reviews (57 customer reviews)


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Editorial Reviews

Review

"Beneath the success and rise of American enterprise is an untold history that is antithetical to every value Americans hold dear. This is a seminal work, a godsend really, a clear message to every citizen about the need to reform our country, laws, and companies."--Paul Hawken, author of Natural Capitalism and The Ecology of Commerce

"Hartmann combines a remarkable piece of historical rersearch with a brilliant literary style to tell the grand story of corporate corruption and its consequences for society with the force and readability of a great novel. I intended to take a first quick glance and then couldn't put it down."--David C. Korten, author of When Corporations Rule the World

"Unequal Protection should be in the hands of every thinking American. If we do not awaken soon, democracy will be replaced by a new 'Third Reich' of corporate tyranny. To be aware of the danger is the responsibility of each of us. No one has told us the truth better than Thom Hartmann. Read it!"--Gerry Spence, author of Give Me Liberty


Beneath the success and rise of American enterprise is an untold history that is antithetical to every value Americans hold dear. This is a seminal work, a godsend really, a clear message to every citizen about the need to reform our country, laws, and companies. (Paul Hawken, author of Natural Capitalism and The Ecology of Commerce )

Hartmann combines a remarkable piece of historical rersearch with a brilliant literary style to tell the grand story of corporate corruption and its consequences for society with the force and readability of a great novel. I intended to take a first quick glance and then couldn''t put it down. (David C. Korten, author of When Corporations Rule the World )

Unequal Protection should be in the hands of every thinking American. If we do not awaken soon, democracy will be replaced by a new ''Third Reich'' of corporate tyranny. To be aware of the danger is the responsibility of each of us. No one has told us the truth better than Thom Hartmann. Read it! (Gerry Spence, author of Give Me Liberty )


Product Description

Unequal Protection: The Rise of Corporate Dominance and the Theft of Human Rights

Was the Boston Tea Party the first WTO-style protest against transnational corporations? Did Supreme Court sell out America's citizens in the nineteenth century, with consequences lasting to this day? Is there a way for American citizens to recover democracy of, by, and for the people?

Thom Hartmann takes on these most difficult questions and tells a startling story that will forever change your understanding of American history. He begins by uncovering an original eyewitness account of the Boston Tea Party and demonstrates that it was provoked not by "taxation without representation" as is commonly suggested but by the specific actions of the East India Company, which represented the commericial interests of the British elite.

Hartmann then describes the history of the Fourteenth Amendment--created at the end of the Civil War to grant basic rights to freed slaves--and how it has been used by lawyers representing corporate interests to extend additional rights to businesses far more frequently than to freed slaves. Prior to 1886, corporations were referred to in U.S. law as "artificial persons." but in 1886, after a series of cases brought by lawyers representing the expanding railroad interests, the Supreme Court ruled that corporations were "persons" and entitled to the same rights granted to people under the Bill of Rights. Since this ruling, America has lost the legal structures that allowed for people to control corporate behavior.

As a result, the largest transnational corporations fill a role today that has historically been filled by kings. They control most of the world's wealth and exert power over the lives of most of the world's citizens. Their CEOs are unapproachable and live lives of nearly unimaginable wealth and luxury. They've become the rudder that steers the ship of much human experience, and they're steering it by their prime value--growth and profit and any expense--a value that has become destructive for life on Earth. This new feudalism was not what our Founders--Federalists and Democratic Republicans alike--envisioned for America.

It's time for "we, the people" to take back our lives. Hartmann proposes specific legal remedies that could truly save the world from political, economic, and ecological disaster.

Product Details

  • Paperback: 360 pages
  • Publisher: Rodale Books (April 24, 2004)
  • Language: English
  • ISBN-10: 1579549551
  • ISBN-13: 978-1579549558
  • Product Dimensions: 9 x 6 x 1 inches
  • Shipping Weight: 1.1 pounds
  • Average Customer Review: 4.5 out of 5 stars  See all reviews (57 customer reviews)
  • Amazon.com Sales Rank: #366,405 in Books (See Bestsellers in Books)

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    #72 in  Books > Nonfiction > Law > English Law > Business
    #88 in  Books > Nonfiction > Law > Business > Corporate Law
    #88 in  Books > Professional & Technical > Law > Business > Corporate Law

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57 Reviews
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93 of 100 people found the following review helpful:
5.0 out of 5 stars Assault on the commons, February 22, 2003
By Stephen A. Haines (Ottawa, Ontario Canada) - See all my reviews
(TOP 100 REVIEWER)    (REAL NAME)      
Hartmann's analysis of the roots of corporate power is essential reading. He undermines the policies that have protected corporations for over a century. Legally protected today, corporations were long subject to general suspicion. Government charters to operate a business contained many constraining clauses that are now missing. How and why did this change come about? Should government constraints be restored, and if so, how would be brought about? Hartmann presents the history, issues and solutions to the growing corporate takeover of the global commons.

He opens by reminding us that the "commons" once represented a village pasture, shared by all. In modern times he argues the same concept embraces the entire planet. The sharing implies common sense be applied to its use. We are beginning to understand our planet is "the commons" for all humanity. Every human has some rights to that commons, but shares a responsibility for its well being. That set of rights and responsibilities is set by the community as a whole, not by any one individual. The community concept, however, is based on the idea that its members are essentially equal. The corporation, due to its amorphous structure and unique powers has gone beyond community ideals.

The history of corporate power rests on continued attempts to upgrade an "artificial" entity to a "natural" one. Hartmann traces the erosion of that ideal through this book. An early chip was taken when Queen Elizabeth I granted Francis Drake "freedom from liabilitie" to go pirating. It was an omen for the future. Although the Framers of the Constitution of the United States were vociferous in their resistance to corporations, events pushed their ideals aside. In a rapidly developing economy and to confront European competion, corporations arose and grew. As they grew, they sought not only protection from State taxation, they sought to further their ends by political action, something nearly all governments restrained. After many tries, they seemed to have accomplished it in 1889 during a court case over the collection of property taxes.

Hartmann details the events surrounding the case, pointing out that the corporate "victory" of achieving "personhood" is spurious. It was not part of the decision and added as a post judgement note. He suggests that railway lawyer Stephen J. Field likely influenced the writing of the notes by court reporter John C.B. Davis. The victory for business interests virtually turned the 14th Amendment to the Constitution on its head. Business now had the same "rights" as any naturally born human - privacy, investment, political activity and right to trial. Where a state issuing a corporate charter previously had the right to withdraw it for improper activity, a corporate existence was now sacrosanct. Given the vague nature of the corporation, "improper behaviour" could punish individuals, but not the corporation's
existence. Hartmann explains how this condition has led corporations to invade the global "commons" with impunity, ravaging nature to acquire resources and markets.

People often ask "if corporate dominance is so bad, what will you replace it with?" Hartmann states "the suggestion i'm putting forth in this book is to try democracy." The solution is simple enough - a return to Jeffersonian principles. That doesn't mean a regression to an agrarian society. It means, instead, a restoration of democratic practices - the raising of humans to their natural place of dominance over artificial entities. He encourages local communities to begin redefining their laws to reflect the concept that corporate organizations are not people. Once that precedent is established, the democratic ideal can be restored by revising laws and constitutions up through the political hierarchy. From communities through the states to the national government. He stresses that while there will certainly be resistance and scare tactics, enough popular pressure can restore those lost ideals.

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39 of 41 people found the following review helpful:
5.0 out of 5 stars Have We Come Full Circle?, November 16, 2002
By Adam F. Jewell (Pittsburgh, PA USA) - See all my reviews
(REAL NAME)   
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To say the bookshelves are flooded with political fodder these days is an understatement. Some blame the state of the nation on "Stupid White Men", others talk about "Winning the War of Liberty over Liberalism". No matter where you look or what you read, the mudslinging is intense. At times, these authors make EMINEM's rap "battles" with gangsters in the movie "8 Mile" look like an episode of the Mickey Mouse Club.

Unequal Protection, however, is not one of these books. It is an historical documentary of sorts that traces the history of the corporation and its role in society from the East India Company, through the FORTUNE 500 of today. It examines the people, actions, beliefs, and mistakes that have led to the extreme concentration of power and wealth among a select few global corporations.

While laying the foundation for the future of the United States, keeping power in the hands of the people and preventing institutions similar to the East India Company from gaining unlimited economic and political power was one of the key drivers. For many years corporations were kept relatively well in check and responsible to the people and governments that granted them the right to exist.

The passage of the 14th amendment, intended to give all persons (not corporations) equal rights, combined with a ruling in single court case that has been mistakenly interpreted to define corporations as "persons" like you and me opened the door to all kinds of crazy claims by corporations.

Subsequent claims and court rulings have directly and indirectly granted corporations virtually unbridled power through creative legislation and enabled some to operate with no consequences whatsoever for damaging and deadly actions.

"Unequal Protection" also discusses of NAFTA, which appears to have granted corporations the authority to override what people and sovereign nations have determined to be in their own best interest. This may include protecting local jobs and economies, banning Frankenfoods with the potential to disrupt and/or destroy the food supply and outlawing toxic additives or chemicals known to have adverse effects on public health and the environment.

The pursuit of profit is a necessary and healthy part of a democracy and free market economy. However, when it is the exclusive focus, to the detriment of the environment, the commons, and the health and well being of the people that make up societies and corporations, its time to take back the reigns. When corporations factor in the human and environmental costs associated with doing business and can be held accountable for their actions will real change begin.

Through the acceptance of corporations as persons in the legal sense, we've come full circle to facilitate and reward the types of actions and behaviors of the East India Company that this country originally fought so hard to get away from.

Unequal Protection is an outstanding work. It's history with a perspective, but does not in any way sink to the political mudslinging ways of other books that may be classified in a similar category.

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38 of 41 people found the following review helpful:
5.0 out of 5 stars The need of the many versus the rights of the few, January 27, 2003
By Friederike Knabe (Ottawa, Ontario Canada) - See all my reviews
(TOP 1000 REVIEWER)    (REAL NAME)      
Margaret Mead's "Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has..." has proven right many times. Hartmann's UNEQUAL PROTECTION is a great case study: here, it's one person, a court reporter, who changed history with a set of "headnotes". Thom Hartmann discusses the case of J. C. Bancroft Davis and his impact on globalization today in his fascinating study on the rise of corporate dominance around the world. At the same time, and in the spirit of Margaret Mead, he also calls for grassroots and community action.

Hartmann's starting point is the question: How did corporations manage to become persons before the law with, at least, the same rights as human beings? How did corporations change from being "virtual entities", meaning that they were subject to the controls and supervision by local governments (and humans), into becoming legal entities equal to citizens but without the restrictions and responsibilities placed on people. How have "multinational corporations become the tail that wags the dogs of governments of the world"? Well it's the result of a US Supreme Court Decision regarding the Fourteenth Amendment. Or is it?

Hartmann delves deep into US Constitutional history to set the framework in which the fundamental issue of corporate personhood has to be understood. He traces the concept to its roots in 1886, and to court reporter Davis, the official recorder for the Supreme Court Case: The Southern Pacific Railroad vs. the Santa Clara County. Corporate personhood was introduced during this case, but not, as constitutional and corporate lawyers have assumed for some 120 years, by the Court - but by David in the headnotes. That meant it had no legal basis whatsoever. The evidence found by Hartmann confirmed that the Supreme Court specifically decided NOT to rule on the issue of corporate personhood.

Hartmann explores possible reasons why this application of the Fourteenth Amendment became so popular with corporate lawyers. He also states categorically that "he is not looking for culprits but to point out a flaw in the social system."

The impact of the misinterpretation of the Supreme Court decision since 1886 has been fundamental and has reached far beyond the United States. Hartmann traces American history from "the birth of American democracy through the birth of corporate personhood" ending with the rise of transnational corporations and their role in world trade. He reflects on the emerging conflicts between government and corporations, citing no lesser authority than President Thomas Jefferson and his conviction that "freedom from monopolies are one of the fundamental human rights".

Hartmann devotes a chapter to the analysis of the "unequal consequences" on all major aspects of civil rights and responsibilities: protection from risk, taxes, wealth, trade and (political) influence, to list a selection. He concludes on a more positive note with a call to all concerned to redress the power balance and to restore the sharing of responsibility for the Global Commons. This book should be essential reading for all interested in and concerned in our modern trade systems, whether in the US, in other countries or globally. This well researched study is a dramatic read and leaves the reader with ample food for thought.

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Most Recent Customer Reviews

5.0 out of 5 stars Wonderful book
I have several of Thom Hartmann's books and this is one more I just had to have. It's especially helpful to learn the story of how corporations got misguidedly accepted legally as... Read more
Published 3 months ago by S. Cameron

5.0 out of 5 stars I sued a corporation, and now I find this book...
I sued a multinational corporation in 1986 (as next friend) on behalf of my wife who was left with permanent brain damage as a result of malpractice during the delivery of my... Read more
Published 4 months ago by Larry B. Lee

4.0 out of 5 stars Let's throw lobbyists in a harbor
Recently I read a statistic that isn't in Thom Hartmann's UNEQUAL PROTECTION: THE RISE OF CORPORATE DOMINANCE AND THE THEFT OF HUMAN RIGHTS but illustrative of the book's central... Read more
Published 6 months ago by J. L LaRegina

3.0 out of 5 stars Great subject, not very clearly witten
Well Thom Hartmann picked an extremely important topic and exposed the dangers posed by ever expanding corporate power to the point where they are in many ways more powerful than... Read more
Published 6 months ago by G. Dugay

5.0 out of 5 stars Hartmann Is Brillant
Thom Hartmann is brillant, and every time I hear or read his books he provides me with new information that I would have never gotten anywhere else. Read more
Published 14 months ago by Joseph M. Kraher

5.0 out of 5 stars EXELLENT - Get this one for your collection
Thom Hartmann has provided a synthesis of history, economics, politics and social issues in a way that is grounded, easy to read, and above all, provides a secure understanding of... Read more
Published 14 months ago by Travellini

5.0 out of 5 stars I recommend "Unequil Protection" as high school reqd reading
Thom starts with the East India Company of the 1500's and its "corporate" charter, and walks you through to today. Read more
Published 16 months ago by jeraldine Wilson

5.0 out of 5 stars Unequal Protection
As is the case with all Thom Hartmann's books, a must read for all liberals.
Published 22 months ago by R. Marcus

4.0 out of 5 stars Corporate Power, where did it come from?
I was actually in the process of writing a book about the same subject matter when I became aware of Mr. Hartmann's book. After reading this book I conclude that Mr. Read more
Published on July 12, 2007 by Everette Carnes

5.0 out of 5 stars This book changed my life
I read this book and have been a Thom Hartman fan ever since.
He is brilliant and packed with knowledge.
Everyone needs to read this book! Read more
Published on May 10, 2007 by J. Sansosti

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