Understanding the Company
Corporate Governance and Theory

This book provides comparative perspectives on the purpose of the modern company, its role in society and its regulation.

Barnali Choudhury (Edited by), Martin Petrin (Edited by)

9781316509364, Cambridge University Press

Paperback / softback, published 6 December 2018

350 pages, 8 b/w illus. 1 table
22.8 x 15.1 x 1.8 cm, 0.5 kg

What is the purpose of the company and its role in society? From their origin in medieval times to their modern incarnation as powerful transnational bodies, companies remain an important part of business and society at large. Drawing from a variety of perspectives, this book adopts a normative approach to understanding the modern company and provides insights into how companies should be conceptualized. It considers key topics such as the development of corporate theory, the rights and obligations of the company, and the means and ends of corporate governance. Written by leading experts of different jurisdictions, this book provides important international viewpoints on some of the most pressing corporate governance questions.

1. Introduction Barnali Choudhury and Martin Petrin
Part I. Comparative and Historical Perspectives: 2. The four transformations of the corporate form Reuven S. Avi-Yonah
3. Comparative corporate governance: old and new Martin Gelter
4. The corporation's intrinsic attributes Christopher M. Bruner
Part II. The Company: Public or Private?: 5. Understanding the modern company through the lens of quasi-public power Marc T. Moore
6. Reflections on the nature of the public corporation in an era of shareholder activism and stewardship Dionysia Katelouzou
7. Regulating for corporate sustainability: why the public-private divide misses the point Beate Sjåfjell
Part III. Rights or Duty Bearer?: 8. The constitutional rights of corporations in the United States Brandon L. Garrett
9. Understanding corporate criminal liability Ian B. Lee
10. Human rights and business: expectations, requirements and procedures for the responsible modern company Karin Buhmann
11. A balancing approach to corporate rights and duties Martin Petrin
Part IV. Governing the Modern Company: 12. Corporate law reform in the era of shareholder empowerment William W. Bratton
13. Board accountability and the entity maximization and sustainability approach Andrew Keay
14. The corporation and the question of time Lynn Stout
15. Epilogue: a look to the future Barnali Choudhury and Martin Petrin.

Subject Areas: Company, commercial & competition law [LNC], Private / Civil law: general works [LNB], Corporate governance [KJR]