Despite the enormous economic, social and political power they possess, company law regards public companies as essentially private bodies, existing for the benefit of their shareholders. In recent years the revival and extension of the analysis of corporate organization in terms of contract has been relied on to reinforce this perspective and to insulate the "internal affairs" of companies from regulatory intervention. This book rejects this approach, arguing that company law should be seen as serving public purposes - of promoting the efficient operation of the economy, while at the same time constraining the pursuit of profit in the interests of the various groups affected by corporate activity. From this standpoint many of the central issues relating to the large public company are discussed, including the separation of ownership and control, corporate governance, the "nexus of contracts" theory of the company, and the role of markets in controlling management behaviour. The meaning and the merits of corporate social responsibility, together with the techniques for making that concept operational, are considered in some detail. The book should be of interest not only to lawyers, but to all those concerned with the regulation of corporate power.
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In this acclaimed new work the author argues that it should be the function of company law to promote the public interest. Examining a number of topical and controversial issues from that perspective, including the adequacy of corporate governance arrangements, the `Nexus of Contracts' theory of the company, and the role of markets, the author explains why the theory of company law has to be understood in order for the day-to-day practice of company lawyers to be fully appreciated. The book explores in some depth the protection of interests largely ignored by company law, such as those of employees and the local community, and the safeguarding of the environment from corporate abuse.
a fascinating book ... if you want a book that tells you, the corporate lawyer, what you were doing in the world in which you operate - not just the nuts and bolts of law but the very essence of what law should seek to achieve in a corporate environment - then this book is a winner all the way, one for the thinking corporate lawyer. (New Law Journal)
Les informations fournies dans la section « A propos du livre » peuvent faire référence à une autre édition de ce titre.
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