Theories of Commercial Law, Corporate Governance and Corporate Law
2012, VII, 167 p.
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Provides a theoretical basis for commercial law teaching and research
Helps to explain a broad range of legal phenomena
Challenges the shareholder primacy model
Contains a special chapter on self-enforcing governance models as a way to increase sustainability
Contains a special chapter on the effect of governance models on innovation
Commercial law, corporate governance and corporate law deal with the organisation of firms. This book proposes a coordinated answer to three problems - the absence of theories of commercial law, the failure of existing theories of corporate governance to explain the actual behaviour of firms, and the failings of existing theories to explain the contents of corporate law.
All three areas can be studied from the perspective of the firm. After analysing previous theories, the book proposes a theory of commercial law, defines the law of corporate governance as an area of law, and proposes a new theory of corporate law. In addition, the book shows how firms can increase sustainability by choosing self-enforcing governance models and governance models that foster innovation.
Content Level »Research
Keywords »commercial law - corporate governance - corporate law - sustainability - theory of the firm