La empresa y el problema de su gobierno: Análisis desde la ética

Abstract

Due to the various managerial and administrative frauds in big corporations that have recently hit the world-wide public opinion, this article’s main objective is to carry out a content analysis of the causes of corporate corruption in the heart of the capitalist system. In order to face this corruption, several countries, among which we find Spain, have tried to find a solution via the use of «ethic codes» for the management of «capital corporations». However, the author defends the thesis that this corruption is inherent to the capitalist system, as it has tried to subvert the concepts of «corporation» and «capital corporation», supplanting the first one (corporation) for the second one (capital corporation) and giving rise to a lack of a real «corporation’s legal-economic statute». Therefore, the author suggests the need to create «ex novo» the above mentioned «corporation’s legal economic statute» based on the need to understand the concept «corporation» as a symbiosis of capital and work, organised to create richness and its adequate distribution among society. The author points out that it’s the corporation and not the capital corporation to whom corresponds the attribution of legal personality, independently from the individuals that form the corporation. It is also the corporation to whom corresponds the faculties to decide about investments and about the distribution of surplus assigning its uses and applying them in favour of those to whom it should correspond as owners. As far as big limited corporations are concerned, these faculties are not to subsist longer in the exclusive hands of the capitalist part of the corporation, to the detriment of the faculties that should correspond to the working part. Finally the author suggests some advantages that could derive from the introduction of the changes proposed, needed in order to create «full employment» and to correct the crisis and imbalances characteristic of the capitalist system.