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Organising the Firm

Theories of Commercial Law, Corporate Governance and Corporate Law

  • Book
  • © 2012

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)

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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

  • , Dept. of Accounting and Commercial Law, Hanken School of Economics, Vaasa, Finland

    Petri Mäntysaari

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