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  1. Fiduciary duties, investment screening and economically targeted investing: A flexible approach for changing times.Gil Yaron - manuscript
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  2. The Financial Distress of Corporate Personality: A Perspective from Fiqh.Saheed Abdullahi Busari, Luqman Zakariyah, Amanullah Muhammad & Akhtarzaite Bint Abdul Aziz - forthcoming - Intellectual Discourse:245-268.
    Oriental scholars discuss the concept of corporate personalitywithout any reference to Islamic law. A leading proponent of this view isJoseph Schacht; a western scholar of jurisprudence who contended that Islamicjurisprudence is limited to individual personality and devoid of corporate laws,hence, contractual agreements between corporations has no basis in Islamiclaw. Several scholars and researcher have responded with sufficient literatureon the status of an artificial person in Islamic law, but there are still issues withthe legal implication of corporate personality in the event (...)
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  3. 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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  4. The Personality of Public Authorities.Manish Oza - forthcoming - Law and Philosophy:1-36.
    This paper is about when associations, and in particular associations that are part of the state, should be treated as legal persons. I distinguish two forms of association – those that render coherent the agency of their members and those that are group agents – and argue that only the latter should be treated as persons. Following this, I discuss the conditions under which associations that are part of the state can legitimately be group agents.
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  5. Decentralized Autonomous Organizations and Regulatory Competition: A Race Without a Cause.Matt Blaszczyk - 2024 - North Dakota Law Review 99:107-122.
    Several states have enacted specialized limited liability company legislation in an attempt to attract decentralized autonomous organizations. In this way, the regulatory competition debate surrounding states such as Wyoming, Tennessee, and Vermont, attempting to dethrone Delaware, has found a new battleground. According to Professor Lynn LoPucki, this will entail a regulatory race to the bottom, that is, a race to “laxity.” I disagree. In fact, deregulation has already been achieved in the traditional limited liability company form. The decentralized autonomous organization (...)
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  6. Review of Gillian Brock, Corruption and Global Justice[REVIEW]Matthew Lister - 2024 - Ethics 134 (4):569-573.
    Corruption is a ubiquitous problem. As Gillian Brock notes early on, it exists to one degree or another in all societies, no matter their stage of development, and is regularly identified by the public as one of the top problems in the world (2–3). Despite its importance and frequency, it hasn’t been a central topic for philoso- phers working on normative moral and political theory. This isn’t to say that it has been ignored, but it has mostly been seen as (...)
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  7. The Corporate Baby in the Bathwater: Why Proposals to Abolish Corporate Personhood Are Misguided.David Gindis & Abraham A. Singer - 2023 - Journal of Business Ethics 183 (4):983-997.
    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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  8. Taming the Corporate Leviathan: How to Properly Politicise Corporate Purpose?Michael Bennett & Rutger Claassen - 2022 - In Michael Bennett, Huub Brouwer & Rutger Claassen (eds.), Wealth and power: Philosophical perspectives. New York, NY: Routledge. pp. 145-165.
    Corporations are increasingly asked to specify a ‘purpose.’ Instead of focusing on profits, a company should adopt a substantive purpose for the good of society. This chapter analyses, historicises, and radicalises this call for purpose. It schematises the history of the corporation into two main purpose/power regimes, each combining a way of thinking about corporate purpose with specific institutions to hold corporate power to account. Under the special charter regime of the seventeenth to mid-nineteenth centuries, governments chartered companies to pursue (...)
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  9. “What is the Juxtaposition Between Silicon Valley and Mount Sinai? Covenantal Principles and the Conceptualization of Platform-User Relations”.Nadav S. Berman & Tal Z. Zarsky - 2022 - Journal of Law and Religion 37 (3):446-477.
    Over recent decades, several global tech giants have gained enormous power while at the same time generating various disputes with their end-users, local governments, and regulators. We propose that the Jewish concept of covenant can help the above parties, legal scholars, and wider society, in addressing this complex legal reality. We present the challenge of disequilibrium between the above four parties against the main points of conflict: the requirement of customer consent; clear contractual provisions upon entry; options for reasonable customer (...)
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  10. Potencjalne kierunki i narzȩdzia regulacji gospodarki współdzielenia.Błażej Koczetkow & Andrzej Klimczuk - 2022 - Annales Universitatis Paedagogicae Cracoviensis. Studia Politologica 29 (371):127–144.
    Podstawowym celem artykułu jest przybliżenie dyskursu wokół możliwości regulacji gospodarki współdzielenia (ang. sharing economy) oraz omówienie potencjalnych instrumentów polityki publicznej, które mogą służyć do ograniczenia negatywnych skutków rozwoju tego systemu gospodarczego. Artykuł w pierwszej kolejności przybliża rozumienie koncepcji regulacji i régulation oraz omawia związki gospodarki współdzielenia z koncepcją współzarządzania cyfrowego. Następnie po przybliżeniu wybranych pozytywnych i negatywnych efektów gospodarki współdzielenia wskazane zostają wybrane instrumenty regulacyjne. W podsumowaniu wskazano na możliwe kierunki dalszych badań.
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  11. Board Gender Diversity and Corporate Response to Cyber Risk: Evidence from Cybersecurity Related Disclosure.Camélia Radu & Nadia Smaili - 2022 - Journal of Business Ethics 177 (2):351-374.
    Cyber risk has become one of the greatest threats to firms in recent years. Accordingly, boards of directors must be continually vigilant about this danger. They have a duty to ensure that the companies adopt appropriate cybersecurity measures to manage the risk of cyber fraud. Boards should also ensure that the firm disclose material cyber risk and breaches. We examine how the board’s gender composition can influence the extent of such disclosure, based on a sample of the companies listed on (...)
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  12. 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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  13. Corporate Law Versus Social Autonomy: Law as Social Hazard.Michael Galanis - 2020 - Law and Critique 32 (1):1-32.
    This article argues that corporate law has become the legal platform upon which is erected a social process impeding society’s capacity to lucidly reflect on its primary ends; in this sense, corporate law is in conflict with social autonomy. This process is described here as a social feedback loop, in the structural centre of which lies the corporation which imposes its own purpose as an irrational social end, i.e. irrespective of its potentially catastrophic social consequences. The article argues that resolving (...)
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  14. 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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  15. Multiple directorships in emerging countries: Fiduciary duties at stake?Bilal Latif, Wim Voordeckers, Frank Lambrechts & Walter Hendriks - 2020 - Business Ethics: A European Review 29 (3):629-645.
    Business Ethics: A European Review, EarlyView.
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  16. When the Law Distinguishes Between the Enterprise and the Corporation: The Case of the New French Law on Corporate Purpose.Blanche Segrestin, Armand Hatchuel & Kevin Levillain - 2020 - Journal of Business Ethics 171 (1):1-13.
    A recent French reform has revised the legal definition of the corporation. In essence, the law stipulates that the corporation must be run with due regard to the social and environmental impacts of its activity. It also introduces the notion of raison d’être and affords the possibility for any corporation to assign social or environmental purposes to itself, defined in its by-laws. This reform is similar to recent reforms in the UK and the US, but is based on an original (...)
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  17. The Unowned Corporation.Alan Strudler - 2020 - Business Ethics Journal Review 8 (7):39-44.
    In this Response to Hasko von Kriegstein, I defend several claims, including that the publicly-traded corporation and its assets are unowned; that managers may stand in fiduciary relations to shareholders that do not require managers to maximize shareholder wealth; and that the rights of a shareholder and of the owner of a privately-held corporation may differ fundamentally.
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  18. 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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  19. Moral Agency in Charities and Business Corporations: Exploring the Constraints of Law and Regulation.Eleanor Burt & Samuel Mansell - 2019 - Journal of Business Ethics 159 (1):59-73.
    For centuries in the UK and elsewhere, charities have been widely regarded as admirable and virtuous organisations. Business corporations, by contrast, have been characterised in the popular imagination as entities that lack a capacity for moral judgement. Drawing on the philosophical literature on the moral agency of organisations, we examine how the law shapes the ability of charities and business corporations headquartered in England to exercise moral agency. Paradoxically, we find that charities are legally constrained in exercising moral agency in (...)
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  20. A Theory of Legal Personhood.Visa A. J. Kurki - 2019 - Oxford University Press.
    This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic.
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  21. Corporate Personhood and the Corporate Responsibility to Race.Nneka Logan - 2019 - Journal of Business Ethics 154 (4):977-988.
    Often overlooked in studies of the corporation is the recognition that the modern corporate form and its power are rooted in the issue of race, and more specifically, in racial oppression. The racialized roots of the corporation become exposed when we acknowledge the significance of slavery and the Fourteenth Amendment to the evolution of the corporate form along with the discriminatory role corporations have traditionally played in shaping race relations in the U.S. This article draws upon several theoretical perspectives, primarily (...)
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  22. 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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  23. International and Comparative Insolvency Law Symposium.Bashar H. Malkawi - 2019 - University of Miami International and Comparative Law Review 13:1-6.
    The purpose of the symposium is to address global and domestic insolvency law issues.
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  24. 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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  25. Natural Knowledge, Inc.: the Royal Society as a metropolitan corporation.Noah Moxham - 2019 - British Journal for the History of Science 52 (2):249-271.
    This article attempts to think through the logic and distinctiveness of the early Royal Society's position as a metropolitan knowledge community and chartered corporation, and the links between these aspects of its being. Among the knowledge communities of Restoration London it is one of the best known and most studied, but also one of the least typical and in many respects one of the least coherent. It was also quite unlike the chartered corporations of the City of London, exercising almost (...)
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  26. Green Start-Ups’ Attitudes towards Nature When Complying with the Corporate Law.Rafael Robina-Ramírez, Antonio Fernández-Portillo & Juan Carlos Díaz-Casero - 2019 - Complexity 2019:1-17.
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  27. Skepticism About Corporate Punishment Revisited.Alex Sarch - 2019 - In Larry Alexander & Kimberly Kessler Ferzan (eds.), The Palgrave Handbook of Applied Ethics and the Criminal Law. Springer Verlag. pp. 213-238.
    Some societies used to impose liability on inanimate objects, a practice we’d now regard as silly and confused. When we punish corporations today, are we making similar mistakes? Here I consider some important sources of philosophical skepticism about imposing criminal liability on corporations, and I argue that they admit of answers, which places punishing corporations on stronger footing than punishing inanimate objects. First, I consider the eligibility challenge, which asserts that corporations are not the right kind of thing to be (...)
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  28. Crossing the Shareholder-First Border.William P. Smith & Barrie E. Litzky - 2019 - Proceedings of the International Association for Business and Society 30:66-72.
    This project investigates critical issues and events related to Trek Therapeutics experience as a public benefit corporation. We will present and discuss how Trek differentiates itself in an industry where the attention is on high prices supporting high investor returns. Trek’s benefit corporation status helped it garner favorable attention in some respects, but has also presented challenges, particularly when it comes to attracting new capital.
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  29. Benefit Corporations.Kathleen Wilburn & Ralph Wilburn - 2019 - Business and Professional Ethics Journal 38 (2):223-247.
    More than half of the S&P 500 and the Fortune 500 companies publish corporate social responsibility reports. CSR is at the heart of a new form of corporation, the benefit corporation, which requires the pursuit of a social purpose as well as pursuit of profit. Thirty-four states, plus the District of Columbia, have enacted benefit corporation legislation. Most laws require that benefit corporations publish reports on their social purpose performance using a third-party assessment format. The purpose of this paper is (...)
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  30. Rawls Well That Ends Well.Singer Abraham - 2018 - Business Ethics Journal Review 6 (3):11-17.
    Welch and Ly register three objections to my argument that the Rawlsian paradigm offers no resources for formulating a normative theory of corporate governance. In this brief response, I note that while I agree with the first of these objection, I don’t think it poses any serious trouble to my argument; the other two objections, on the other hand, I am less convinced by. I then offer two alternative strategies for bringing Rawls to bear on business ethics, which don’t involve (...)
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  31. 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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  32. The effects of Shariah board composition on Islamic equity indices' performance.M. Kabir Hassan, Federica Miglietta, Andrea Paltrinieri & Josanco Floreani - 2018 - Business Ethics: A European Review 27 (3):248-259.
    Based on a sample of 54 Islamic indices over the period 2007–2014, we investigate the effect of Shariah board members' educational background on Islamic indices' risk and return characteristics via the screening criteria. Using a capital asset pricing model benchmark analysis, we assess the sensitivity of Islamic indices to their conventional peers in terms of beta and derive a measure of return (Jensen's alpha). First, we observe that the higher the number of members in common among the boards, the higher (...)
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  33. Fiduciary Duties and Moral Blackmail.Simon Keller - 2018 - Journal of Applied Philosophy 35 (3):481-495.
    In meeting legal or professional fiduciary obligations, a fiduciary can sometimes come to share a special moral relationship with her beneficiary. Special moral relationships produce special moral obligations. Sometimes the obligations faced by a fiduciary as a result of her moral relationship with her beneficiary go beyond the obligations involved in the initial fiduciary relationship. How such moral obligations develop is sometimes under the control of the beneficiary, or of an outside party. As a result, the fiduciary can be the (...)
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  34. Alliance Network Centrality, Board Composition, and Corporate Social Performance.Craig D. Macaulay, Orlando C. Richard, Mike W. Peng & Maria Hasenhuttl - 2018 - Journal of Business Ethics 151 (4):997-1008.
    What critical characteristics do firms have that determine the scale and scope of corporate social responsibility activities they undertake? This paper examines two disparate predictors of corporate social performance. First, using the lens of the resource-based view, we examine the role of alliance network centrality on corporate social performance. We find that centrality enhances corporate social performance. Second, we investigate how board composition affects corporate social performance. Specifically, drawing on stakeholder theory, we find that the percentage of female directors predicts (...)
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  35. 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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  36. Corporations, Sovereignty and the Religion of Neoliberalism.Timothy D. Peters - 2018 - Law and Critique 29 (3):271-292.
    This article seeks to contribute to the thinking of forms of corporateness, sociality and authority in the context of, but also beyond, neoliberalism, the neoliberal state and neoliberal accounts of the corporation. It considers neoliberalism in relation to the theological genealogies of modernity, politics and economy, and the way in which neoliberalism itself functions as a secular religion—one which intensifies liberal individualism and involves a blind faith in the market redefining all social interactions in terms of contract. I turn to (...)
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  37. Do I Think Corporations Should Be Able to Vote Now?Kenneth Silver - 2018 - Business Ethics Journal Review 6 (4):18-23.
    Many proponents of corporate agency take corporations to be responsible for their conduct, but few take them to merit rights over and above the rights of their members. Hasnas (2016) argues that, given a widely-held view of liberal political theory, corporate agency entails that corporations should have the right to vote. In response, I show that there are problems in appealing to liberal political theory, and that the view of voting Hasnas actually endorses need not be accepted. Should it be, (...)
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  38. Justice Failure: Efficiency and Equality in Business Ethics.Abraham Singer - 2018 - Journal of Business Ethics 149 (1):97-115.
    This paper offers the concept of “justice failure,” as a counterpart to the familiar idea of market failure, in order to better understand managers’ ethical obligations. This paper takes the “market failures approach” to business ethics as its point of departure. The success of the MFA, I argue, lies in its close proximity with economic theory, particularly in the idea that, within a larger scheme of social cooperation, markets ought to pursue efficiency and leave the pursuit of equality to the (...)
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  39. Fiduciary Duty, Risk, and Shareholder Desert.Gordon G. Sollars & Sorin A. Tuluca - 2018 - Business Ethics Quarterly 28 (2):203-218.
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  40. Gender and Ethnic Diversity on Boards and Corporate Responsibility: The Case of the Arts Sector.Fara Azmat & Ruth Rentschler - 2017 - Journal of Business Ethics 141 (2):317-336.
    This study provides insights on sector-specific characteristics, challenges and issues that affect corporate responsibility in relation to ethnicity and gender on arts boards. Using stakeholder theory, the study explores how arts board composition sets the scene for dynamics that affect CR. Data analysis is based on interviews with 92 board members and stakeholders sitting on 66 arts boards in Australia. Results suggest that the dynamism of gender and ethnic diversity on arts boards makes them responsive to CR; however, their presence (...)
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  41. Making Corporations Responsible: The Parallel Tracks of the B Corp Movement and the Business and Human Rights Movement.Joanne Bauer & Elizabeth Umlas - 2017 - Business and Society Review 122 (3):285-325.
    The business and human rights movement shares several goals with the Benefit Corporation movement: corporations respecting human rights; maintaining a “wide aperture” so that all impacts of a company on people and communities are addressed; and creating rigorous standards of conduct and means of accountability. This paper argues that nonetheless the movements are traveling along parallel tracks and thus missing an opportunity for mutual learning that can improve their effectiveness. The BHR movement can look to B Corps for concrete examples (...)
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  42. 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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  43. Challenging Corporate Personhood Theory: Reclaiming the Public.Ronit Donyets-Kedar - 2017 - Law and Ethics of Human Rights 11 (1):61-88.
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  44. The two faces of personhood: Hobbes, corporate agency and the personality of the state.Sean Fleming - 2017 - European Journal of Political Theory (1):147488511773194.
    There is an important but underappreciated ambiguity in Hobbes’ concept of personhood. In one sense, persons are representatives or actors. In the other sense, persons are representees or characters. An estate agent is a person in the first sense; her client is a person in the second. This ambiguity is crucial for understanding Hobbes’ claim that the state is a person. Most scholars follow the first sense of ‘person’, which suggests that the state is a kind of actor – in (...)
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  45. The Logic of Securities Law.Nicholas L. Georgakopoulos - 2017 - Cambridge University Press.
    This book opens with a simple introduction to financial markets, attempting to understand the action and the players of Wall Street by comparing them to the action and the players of main street. Firstly, it explores the definition of a security by its function, the departure from the buyer beware environment of corporate law and the entrance into the seller disclose environment of securities law. Secondly, it shows that the cost of disclosure rules is justified by their capacity to combat (...)
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  46. Fiduciary Duties and Moral Blackmail.Simon Keller - 2017 - Journal of Applied Philosophy 34 (2).
    In meeting legal or professional fiduciary obligations, a fiduciary can sometimes come to share a special moral relationship with her beneficiary. Special moral relationships produce special moral obligations. Sometimes the obligations faced by a fiduciary as a result of her moral relationship with her beneficiary go beyond the obligations involved in the initial fiduciary relationship. How such moral obligations develop is sometimes under the control of the beneficiary, or of an outside party. As a result, the fiduciary can be the (...)
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  47. Corporate Environmental Responsibility: A Legal Origins Perspective.Hakkon Kim, Kwangwoo Park & Doojin Ryu - 2017 - Journal of Business Ethics 140 (3):381-402.
    In this study, we examine the determinants of corporate environmental responsibility, as well as the relationship between legal systems and CER as measured by a unique set of global environmental cost data. Results of our analyses show that firms’ legal origins affect CER, which requires a long-term management perspective. Specifically, our results indicate that civil law firms exhibit significantly higher levels of CER than common law firms. In addition, results of an auxiliary test suggest that manager shareholding has a significant, (...)
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  48. Why Things Can Hold Rights: Reconceptualizing the Legal Person.Visa Kurki - 2017 - In Visa A. J. Kurki & Tomasz Pietrzykowski (eds.), Legal Personhood: Animals, Artificial Intelligence and the Unborn. Cham: Springer.
    The chapter argues that the traditional theories of legal personhood, which associate legal personhood with the holding of rights, are outdated and should be reassessed. Many modern theories of rights come into conflict with our convictions regarding who or what is a legal person. For instance, most jurists would agree that foetuses are not natural persons but new-born children are. However, if we apply the so-called interest theory of rights, we will note that foetuses hold various rights, such as rights (...)
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  49. 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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  50. Legal Personhood: Animals, Artificial Intelligence and the Unborn.Visa A. J. Kurki & Tomasz Pietrzykowski (eds.) - 2017 - Cham: Springer.
    This edited work collates novel contributions on contemporary topics that are related to human rights. The essays address analytic-descriptive questions, such as what legal personality actually means, and normative questions, such as who or what should be recognised as a legal person. As is well-known among jurists, the law has a special conception of personhood: corporations are persons, whereas slaves have traditionally been considered property rather than persons. This odd state of affairs has not garnered the interest of legal theorists (...)
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