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Corporate Governance in the Shadow of the State (eBook)


ISBN13: 9781782250876
Published: March 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £72.00
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Over recent decades corporate governance has developed an increasingly high profile in legal scholarship and practice, especially in the USA and UK. But despite widespread interest, there remains considerable uncertainty about how exactly corporate governance should be defined and understood.

In this important work, Marc Moore critically analyses the core dimensions of corporate governance law in these two countries, seeking to determine the fundamental nature of corporate governance as a subject of legal enquiry. In particular, Moore examines whether Anglo-American corporate governance is most appropriately understood as an aspect of 'private' (facilitative) law, or as a part of 'public' (regulatory) law.

In contrast to the dominant contractarian understanding of the subject, which sees corporate governance as an institutional response to investors' market-driven private preferences, this book defines corporate governance as the manifestly public problem of securing the legitimacy – and, in turn, sustainability – of discretionary administrative power within large economic organisations. It emphasises the central importance of formal accountability norms in legitimating corporate managers' continuing possession and exercise of such power, and demonstrates the structural necessity of mandatory public regulation in this regard.

In doing so it highlights the significant and conceptually irreducible role of the regulatory state in determining the key contours of the Anglo-American corporate governance framework. The normative effect is to extend the state's acceptable policymaking role in corporate governance, as an essential supplement to private ordering dynamics.

Subjects:
Company Law, eBooks
Contents:
1: Introduction
2: Defining Corporate Governance as a Subject of Legal Enquiry
3: The Contractarian Paradigm of Corporate Governance Law
4: The Contractual Dimensions of US Corporate Governance Law
5: The Contractual Dimensions of UK Corporate Governance Law
6: The (Expanding) Regulatory Dimensions of Anglo-American Corporate Governance Law
7: Rationalising Regulatory State Paternalism within an Expanded Contractarian Paradigm
8: Conclusions.

Series: Contemporary Studies in Corporate Law

Corporate Rescue: Law and Practice ISBN 9781841134611
To be published August 2024
Hart Publishing
£70.00
Reconceptualising Corporate Compliance: Responsibility, Freedom and the Law ISBN 9781509946662
To be published August 2022
Hart Publishing
£42.99
Court-Supervised Restructuring of Large Distressed Companies in Asia: Law & Policy ISBN 9781509952335
To be published July 2022
Hart Publishing
£95.00
The Making of the Modern Company (eBook) ISBN 9781509923649
Published June 2022
Hart Publishing
£76.50
(ePub)
Buy
The Making of the Modern Company ISBN 9781509923625
Published June 2022
Hart Publishing
£85.00
Corporate Opportunities: A Law and Economics Analysis ISBN 9781509917457
Published September 2021
Hart Publishing
£85.00
Corporate Opportunities: A Law and Economics Analysis (eBook) ISBN 9781509917471
Published September 2021
Hart Publishing
£76.50
(ePub)
Buy
£76.50
(ePub)
Buy
Reconceptualising Corporate Compliance: Responsibility, Freedom and the Law ISBN 9781509918744
Published February 2021
Hart Publishing
£85.00
Corporate Governance in the Shadow of the State ISBN 9781849460088
Published March 2013
Hart Publishing
£80.00
The Foundations and Anatomy of Stakeholder Activism ISBN 9781841136585
Published October 2010
Hart Publishing
£75.00
Law and Economics of Takeovers: An Acquirer's Perspective ISBN 9781841136646
Published May 2008
Hart Publishing
£85.00
Contracting with Companies ISBN 9781841131542
Published May 2005
Hart Publishing
£80.00
Working Within Two Kinds of Capitalism: Corporate Governance and Employee Stakeholding - US and EC Perspectives
Irene Lynch-FannonDean, Faculty of Law and Head, Department of Law, University College Cork, Ireland
ISBN 9781841132860
Published February 2003
Hart Publishing
£75.00