Overview
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
Includes supplementary material: sn.pub/extras
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Table of contents (10 chapters)
Keywords
About this book
The theoretical basis of commercial law, corporate governance law, and corporate law is still unsatisfactory. There essentially is no theory of commercial law, and existing theories of corporate governance and corporate law cannot explain the behaviour of firms or the contents of existing regulation. This book proposes a coordinated solution for all three areas. The starting point is that all three areas deal with the organisation of firms. Commercial law, corporate governance, and corporate law are therefore studied from the perspective of the firm rather than that of the judge or the investor. Changing the perspective makes it easier to formulate an "umbrella" theory of commercial law, and theories of corporate governance and corporate law as applications of the main theory. The book provides examples of how the proposed theories work by studying legal corporate governance tools and practices that increase the sustainability of the firm. Sustainability can be bolstered by making the governance model more self-enforcing and ensuring that it fosters innovation.
Authors and Affiliations
Bibliographic Information
Book Title: Organising the Firm
Book Subtitle: Theories of Commercial Law, Corporate Governance and Corporate Law
Authors: Petri Mäntysaari
DOI: https://doi.org/10.1007/978-3-642-22197-2
Publisher: Springer Berlin, Heidelberg
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer-Verlag Berlin Heidelberg 2012
Hardcover ISBN: 978-3-642-22196-5Published: 16 September 2011
Softcover ISBN: 978-3-642-42668-1Published: 14 October 2014
eBook ISBN: 978-3-642-22197-2Published: 18 September 2011
Edition Number: 1
Number of Pages: VII, 167
Topics: International Economic Law, Trade Law, Commercial Law, Industrial Organization, Theories of Law, Philosophy of Law, Legal History, Private International Law, International & Foreign Law, Comparative Law