Michael Posner, Conscience Incorporated: The Role of Business and Investment in Protecting Human Rights

Capital for Good

In this episode of Capital for Good we speak with Michael Posner, the Jerome Kohlberg Professor of Ethics and Finance at NYU’s Stern School of Business, director of the school’s Center for Business and Human Rights, a long-time leader in the field, luminary thinker, advocate, former State Department Official, and the author of the new book, Conscience Incorporated.

We begin with Posner’s early interests in international human rights issues, sparked in law school when he was tasked with investigating atrocities in Uganda under Idi Amin. He lays out the principals of early, post-World War II and UN inspired human rights law focused on universality, and the responsibility of governments to promote, protect and enforce human rights. Notably absent from this early framework is the role of business. Posner explains that his interest in the intersection of human rights took shape when he began to observe that large multinational corporations had a critical role to play, particularly when they operated in weak states that lacked the ability to protect human rights.

We discuss why companies should care, fundamentally, about human rights on ethical dimensions (“outsourcing might be a smart business strategy, but you can’t outsource responsibility if you’re the main economic beneficiary,”) and because there are material costs that can arise from irresponsible practices, often reputational crises and/or regulation. We explore the deficiencies of various business frameworks: how and why Milton Friedman’s shareholder primacy worldview fails to account for environmental and social externalities and a broader set of stakeholders; how and why ESG conflate environmental and social considerations and emphasize risk rather than meaningful performance on issues like climate change or worker protections. Posner suggests that this moment of backlash against all things ESG, DEI and “woke capitalism” offers us an opportunity to do better.

We touch on sometimes complex tensions between climate change and human rights concerns, acknowledging that climate change can only be solved if we transition to a lower carbon economy, with the scale up of renewable energy and the development of technologies like electric vehicles, which in turn rely on things like batteries. We know that today batteries are reliant on inputs like critical minerals, long mined in ways and places rife with human rights challenges, and today often controlled by Chinese companies. China is also the world’s largest and lowest cost producer of solar panels, and much of that production occurs in Xinjiang, with forced labor of the Uyghur ethnic minority. Posner discusses a number of ways to better integrate climate and human rights considerations.

Before opening the floor to audience questions, we discuss the evolution of technology and human rights issues. When Posner was at the State Department from 2010 to 2012, he had a front tow seat to the Arab Spring and the “Facebook Revolution,” witnessing how activists used social media to fight authoritarianism. Although he says he still believes in the power of technology to open up political discourse, he has become much more concerned about issues of data privacy, surveillance, harmful violent and incendiary content, information and disinformation, and ways in which companies try to shield themselves with first amendment (to which they are not legally subject) to avoid more vigorous content moderation or human rights engagement.

We conclude with the role of corporate leaders when it comes to human rights. While Posner notes he is typically conservative about how much executives should speak out on specific issues, he believes strongly that “business leaders need to be attentive and active if there are fundamental threats to our democracy.”

This episode of Capital for Good was recorded as part of Social Impact Week 2025, a week of social impact-related events for the Columbia Business School community, organized by the Social Enterprise Club, Green Business Club, Community Impact Club, and LEO Impact Fund.

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Mentioned in this Episode

• Conscience Incorporated: Pursue Profits While Protecting Human Rights
• The Fair Labor Association