Corporate Law

Edited by David Gindis (University of Hertfordshire)
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  1. On the Origins, Meaning and Influence of Jensen and Meckling's Definition of the Firm.David Gindis - forthcoming - Oxford Economic Papers.
    Jensen and Meckling’s 1976 definition of the firm as a legal fiction which serves as a nexus for contracts between individuals sits well with the Coasean narrative on the firm while at the same time being at odds with it. Available interviews with Jensen shed little light on the origins and meaning of this unusual definition. The paper shows how the definition captured, and was a response to, the American socio-political context of the early and mid-1970s, and traces how Jensen (...)
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  2. The Corporate Baby in the Bathwater: Why Proposals to Abolish Corporate Personhood Are Misguided.David Gindis & Abraham A. Singer - forthcoming - Journal of Business Ethics:1-15.
    The fear that business corporations have claimed unwarranted constitutional protections which have entrenched corporate power has produced a broad social movement demanding that constitutional rights be restricted to human beings and corporate personhood be abolished. We develop a critique of these proposals organized around the three salient rationales we identify in the accompanying narrative, which we argue reflect a narrow focus on large business corporations, a misunderstanding of the legal concept of personhood, and a failure to distinguish different kinds of (...)
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  3. Legal Aspects of Transnational Scale Corporations’ Activity in Terms of Sustainable Development.Anatoliy Kostruba - 2021 - Rivista di Studi Sulla Sostenibilità 2 (2):49-63.
    This paper discusses the legal aspects of the activities of transnational corporations. The relevance of the subject matter is determined by the significant impact exerted by transnational corporations on the world economy in general and on the economic situation of the country in which such corporations are registered as a subject of legal form of ownership in particular. Quality functioning of transnational corporations is an effective factor for the formation of sustainable development. This study reveals and determines the relationship between (...)
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  4. Conceptualizing the Business Corporation: Insights From History.David Gindis - 2020 - Journal of Institutional Economics 16 (5).
    The purpose of this symposium is to shed light on the genealogy of the idea of a business corporation, an economic institution which has long been regarded with a mixture of awe and apprehension. Each of the four original contributions addresses the history of some of its key features. In the process, each contributor reveals some of the insights that history has to teach us regarding the central concepts that inform contemporary debates about the nature of the corporation, the contours (...)
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  5. Shareholder Ownership is Irrelevant for Shareholder Primacy.Hasko von Kriegstein - 2020 - Business Ethics Journal Review 8 (4):20-26.
    Strudler rejects shareholder primacy and argues that, once contractual obligations have been fulfilled and shareholders have received a reasonable return on investment, corporate executives may use corporate wealth for the general good. He seeks to establish this claim via an argument that, contrary to the received view, shareholders do not own corporations. After raising some questions about the latter argument, this commentary goes on to argue that the question of corporate ownership is a red herring. The argument for shareholder primacy (...)
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  6. Conference on Corporate Governance: Search for the Advanced Practices.Bashar H. Malkawi - 2019 - Conference Proceedings 3.
    The purpose of the article is to examine the role of the board of directors in corporate law in Jordan.
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  7. Rethinking Corporate Agency in Business, Philosophy, and Law.Samuel Mansell, John Ferguson, David Gindis & Avia Pasternak - 2019 - Journal of Business Ethics 154 (4):893-899.
    While researchers in business ethics, moral philosophy, and jurisprudence have advanced the study of corporate agency, there have been very few attempts to bring together insights from these and other disciplines in the pages of the Journal of Business Ethics. By introducing to an audience of business ethics scholars the work of outstanding authors working outside the field, this interdisciplinary special issue addresses this lacuna. Its aim is to encourage the formulation of innovative arguments that reinvigorate the study of corporate (...)
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  8. Corporate Essence and Identity in Criminal Law.Mihailis E. Diamantis - 2018 - Journal of Business Ethics 154 (4):955-966.
    How can we know whether we are punishing the same corporation that committed some past crime? Though central to corporate criminal justice, legal theorists and philosophers have yet to address the basic question of how corporate identity persists through time. Simple cases, where crime and punishment are close in time and the corporation has changed little, can mislead us into thinking an answer is always easy to come by. The issue becomes more complicated when corporate criminals undergo any number of (...)
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  9. Edging Toward ‘Reasonably’ Good Corporate Governance.Donald Nordberg - 2018 - Philosophy of Management 17 (3):353-371.
    Over four decades, research and policy have created layers of understandings in the quest for "good" corporate governance. The corporate excesses of the 1970s sparked a search for market mechanisms and disclosure to empower shareholders. The UK-focused problems of the 1990s prompted board-centric, structural approaches, while the fall of Enron and many other companies in the early 2000s heightened emphasis on director independence and professionalism. With the financial crisis of 2007–09, however, came a turn in some policy approaches and in (...)
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  10. Legal Institutionalism: Capitalism and the Constitutive Role of Law.Simon Deakin, David Gindis, Geoffrey M. Hodgson, Kainan Huang & Katharina Pistor - 2017 - Journal of Comparative Economics 45 (1):188-20.
    Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, courts (...)
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  11. Animals, Slaves, and Corporations: Analyzing Legal Thinghood.Visa A. J. Kurki - 2017 - German Law Journal 18 (5):1070-1090.
    The Article analyzes the notion of legal “thinghood” in the context of the person–thing bifurcation. In legal scholarship, there are numerous assumptions pertaining to this definition that are often not spelled out. In addition, one’s chosen definition of “thing” is often simply taken to be the correct one. The Article scrutinizes these assumptions and definitions. First, a brief history of the bifurcation is offered. Second, three possible definitions of “legal thing” are examined: Things as nonpersons, things as rights and duties, (...)
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