Full Description
What is the purpose of the company and its role in society? From their origin in medieval times to their modern incarnation as powerful transnational bodies, companies remain an important part of business and society at large. Drawing from a variety of perspectives, this book adopts a normative approach to understanding the modern company and provides insights into how companies should be conceptualized. It considers key topics such as the development of corporate theory, the rights and obligations of the company, and the means and ends of corporate governance. Written by leading experts of different jurisdictions, this book provides important international viewpoints on some of the most pressing corporate governance questions.
Contents
1. Introduction Barnali Choudhury and Martin Petrin; Part I. Comparative and Historical Perspectives: 2. The four transformations of the corporate form Reuven S. Avi-Yonah; 3. Comparative corporate governance: old and new Martin Gelter; 4. The corporation's intrinsic attributes Christopher M. Bruner; Part II. The Company: Public or Private?: 5. Understanding the modern company through the lens of quasi-public power Marc T. Moore; 6. Reflections on the nature of the public corporation in an era of shareholder activism and stewardship Dionysia Katelouzou; 7. Regulating for corporate sustainability: why the public-private divide misses the point Beate Sjåfjell; Part III. Rights or Duty Bearer?: 8. The constitutional rights of corporations in the United States Brandon L. Garrett; 9. Understanding corporate criminal liability Ian B. Lee; 10. Human rights and business: expectations, requirements and procedures for the responsible modern company Karin Buhmann; 11. A balancing approach to corporate rights and duties Martin Petrin; Part IV. Governing the Modern Company: 12. Corporate law reform in the era of shareholder empowerment William W. Bratton; 13. Board accountability and the entity maximization and sustainability approach Andrew Keay; 14. The corporation and the question of time Lynn Stout; 15. Epilogue: a look to the future Barnali Choudhury and Martin Petrin.
