'Right to roam' movement fights to give the commons back to the public

Re:'Right to roam' movement fights to give the commons back ... by nathan_compton on Wednesday May 22, 2024 @01:14PM (#40443461)

The design of companies (especially limited liability companies, but many other aspects as well) diffuses the moral/aesthetic implications of decision making while concentrating the fiduciary implications, thus leading to behavioral patterns which are pretty inhuman.

I'm not arguing that there are not some bad actors - this is clearly and obviously true. I think the legal system should act in whatever way optimizes its goals (presumably, the flourishing of living things or something) and I tend to think the punitive impulse typically doesn't do that. It's main appeal is that it feels good to imagine someone getting punished.

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Re:'Right to roam' movement fights to give the commons back ... by Nextgrid on Wednesday May 22, 2024 @01:18PM (#40443509)

> I tend to think the punitive impulse typically doesn't do that

Well when it comes to companies the punishment and deterrent should be monetary damages that will effectively make the undesirable behavior unprofitable and thus discourage it in the future.

But we're not doing that, setting the standard that antisocial behavior is acceptable (and rewarded by the market by being more profitable than acting honestly), thus it is no surprise that the little guys have a go at it (and guess what, since we're not punishing that either, there is no downside to doing it repeatedly).

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