‘dancing in my storm’ may 2025
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‘dancing in my storm’ may 2025
IG: Jack and Jester

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- “you’re a liability”
A perforated corporate veil
If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
https://pluralistic.net/2026/02/20/karioca-konzernrecht/#less-limited-liability
"Capitalist realism" is the idea that the world's current economic and political arrangements are inevitable, and that any attempt to alter them is a) irrational; b) doomed; and c) dangerous. It's the ideology of Margaret Thatcher's maxim, "There is no alternative."
Obviously this is very convenient if you are a current beneficiary of the status quo. "There is no alternative" is a thought-stopping demand dressed up as an observation. It means, "Don't try and think of alternatives."
The thing is, alternatives already exist and work very well. The Mondragon co-ops in Spain constitute a fully worked out, long-term stable economic alternative to traditional capitalist enterprises, employing more than 100,000 people and generating tangible, empirically measured benefits to workers, customers and the region:
https://en.wikipedia.org/wiki/Mondragon_Corporation
Proponents of capitalist realism will tell you that Mondragon doesn't count. Maybe it's just a one-off. Or maybe it's just not big enough. 100,000 workers sounds like a lot, but Amazon has over 1.5m employees and untold numbers of misclassified contractors who are employees in everything but name (and legal rights).
This is some pretty transparent goalpost moving, but sure, let's stipulate that Mondragon doesn't prove that there are broadly applicable alternatives to the dominant capitalism of the mid-2020s. Are there other examples of "an alternative?"
There sure are.
Let's look at limited liability. Limited liability – the idea that a company's shareholders cannot be held liable for the company's misdeeds – is a bedrock of capitalist dogma. The story goes that until the advent of the "joint stock enterprise" (and its handmaiden, limited liability) there was no efficient way to do "capital formation" (raising money for a project or business).
Because of this, the only ambitious, capital-intensive projects were those that caught the fancy of a king, a Pope, or an aristocrat. But once limited liability appears on the scene, many people of modest means can jointly invest in a project without worrying about being bankrupted if it turns out that the people running it are crooks or bumblers. That lets you, say, buy a single share of a company without having to keep daily tabs on the management's every action without worrying that if they go wrong, someone they've hurt will sue you for everything you've got.
Capital formation is a real thing, and limited liability unquestionably facilitates capital formation. There are plenty of good things in the world that exist because limited liability protections allowed everyday people to help bring them into existence. This isn't just stuff that makes a lot of money for capitalism's true believers, it includes everything from the company that makes the printing presses that your favorite anarchist zine runs on to the mill that makes the alloys for the e-bike you use to get to a demonstration.
This is where capitalist realism comes in. Capitalist realists will claim that there is no way to do capital formation for these beneficial goods without limited liability – and not just any limited liability, but maximum limited liability in which the "corporate veil" can never be pierced to assign culpability to any shareholder. The capitalist realist claim is that the corporate veil is like the skin of a balloon, and that any attempt to poke even the smallest hole in it will cause it to rupture and vanish.
But this just isn't true, and we can tell, because one of the largest economies in the world has operated with a perforated corporate veil for nearly a century, and that economy hasn't suffered from capital formation problems. Quite the contrary, some of the world's largest (and most destructive) monopolies are headquartered in this country where the veil of limited liability is thoroughly perforated.
LIABILITY Lorde — Fauna Primavera 2018
I can’t believe it was proven that McDonald’s is putting blood diamonds into their fries to give children rabies and no one is talking about it. I’m disappointed in us as a society.

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I'm a little much for e-a-na-na-na, everyone
Flexing your muscles is a liability 👀
https://getmysocial.com/willowraeonly
Buzzkiller by Muna // Liability by Lorde