Defending the Rentier: Corporate Theory and the Reprivatization of the Public Company

Part of book or chapter of book English OPEN
Ireland, Paddy (2001)
  • Publisher: Hart
  • Subject: K
  • References (41)
    41 references, page 1 of 5

    2 See David Millon, "Communitarians, Contractarians, and the Crisis in Corporate Law" (1993) 50 Washington & Lee Law Review 1371.

    3 Company Law Review Steering Group, Modern Company Law, For a Competitive Economy: The Strategic Framework (London, DTI, 1999).

    5 Douglas Branson, "The Death of Contractarianism and the Vindication of Structure and Authority in Corporate Governance and Corporate Law", in Lawrence E. Mitchell (ed), Progressive Corporate Law (Oxford, Westview Press, 1995) 93 at 93-4.

    6 See William W. Bratton Jr, "The New Economic Theory of the Firm: Critical Perspectives from History" (1989) 41 Stanford Law Review 1471, reprinted in Sally Wheeler (ed), The Law of the Business Enterprise (OUP, 1994), 117; and David Millon, "Theories of the Corporation" (1990) Duke Law Journal, 201. For other recent explorations of the historical development of American corporate theory which do not consider the rise of agency theory, see Morton Horwitz, "Santa Clara Revisited: The Development of Corporate Theory" (1985) 88 West Virginia Law Review, 173; and Gregory A. Mark, "The Personification of the Business Corporation in American Law" (1987) 54 Chicago Law Review, 1441.

    13 David Campbell, "The Role of Monitoring and Morality in Company Law" (1997) 7 Australian Journal of Corporate Law, 343 at 345.

    14 Charles F.F. Wordsworth, The Law Relating to Railway, Banking, Insurance, Mining and other Joint Stock Companies (London, Henry Butterworth, 1836; enlarged 2nd ed., 1837)

    15 See, for example, J.R. Ward, The Finance of Canal Building in Eighteenth-Century England (OUP, 1974).

    16 For a detailed discussion of this and issues raised in the following paragraphs, see Paddy Ireland, "Capitalism without the Capitalist: The Joint Stock Company Share and the Emergence of the Modern Doctrine of Separate Corporate Personality" (1996) 17 Journal of Legal History 41.

    17 A.M. Honore, "Ownership" in A.G. Guest (ed), Oxford Essays in Jurisprudence (OUP, 1961) 107. Honore distinguished eleven incidents of ownership.

    19 See Paddy Ireland, "Company Law and the Myth of Shareholder Ownership" (1999) 62 Modern Law Review 32.

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