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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Shareholder Participation and the Corporation: A Fresh Inter-disciplinary Approach in Happiness

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ISBN13: 9781845680114
ISBN: 1845680111
Published: June 2006
Publisher: Routledge-Cavendish
Country of Publication: UK
Format: Hardback
Price: £75.00

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Due to a spate of recent corporate collapses, corporate governance has emerged as an important area of concern throughout the world. One particular area of renewed focus has been the role that shareholders should assume in the corporation. Commentators have varying attitudes on the virtues of shareholder participation from a corporate governance perspective.

A common theme, however, is to assess the positives or negatives of shareholder participation in pure economic terms. Rarely has shareholder participation been considered as an end in itself. This study provides a fascinating, fresh analysis of the virtues of shareholder participation in the context of contemporary corporate governance. By applying recent empirical studies into human happiness, McConvill convincingly argues that shareholders, particularly individuals, should be included in the internal governance framework of public corporations, and enjoy a direct participatory role in the corporation if they so choose.

Recent studies have consistently shown that active participation is one of a limited number of factors that has a positive correlation with levels of personal happiness, however while disciplines within the social sciences have long considered the implications of these findings legal scholars have failed to grasp their significance.

"Shareholder Participation and the Corporation: A Fresh Inter-Disciplinary Approach to Happiness" addresses this gap in the literature currently available by exploring and evaluating the implications of empirical happiness studies in relation to corporate law and governance, and specifically the role of the shareholder. It provides a compelling argument for those seeking to analyse shareholder participation in a different light.

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Company Law
Shareholders and the Pursuit of Happiness: A Unifying Understanding of the Corporation
The Separation of Ownership and Control under a Happiness-Based Theory of the Corporation
The Mainstreaming of Shareholder Participation and Happiness in Contemporary Corporate Governance
Piercing the Decision-Making Sphere: Happiness as the Key to Real Shareholder Participation
Towards Mandatory Shareholder Committees in Public Companies
Selected Bibliography.;