The Constitutional Corporation: Rethinking Corporate Governance (Applied Legal Philosophy)

Bottomley, Stephen

ISBN 10: 1138248355 / ISBN 13: 9781138248359

Published by Routledge, 2016

About this Item

Series: Applied Legal Philosophy. Num Pages: 200 pages. BIC Classification: KJMV; LAB; LNCD. Category: (G) General (US: Trade); (U) Tertiary Education (US: College). Dimension: 234 x 156. Weight in Grams: 367. . 2016. 1st Edition. paperback. . . . . Books ship from the US and Ireland.

Seller Inventory # V9781138248359

Bibliographic Details

• Title: The Constitutional Corporation: Rethinking Corporate Governance (Applied Legal Philosophy)
• Publisher: Routledge
• Publication Date: 2016
• Language: English
• ISBN 10: 1138248355
• ISBN 13: 9781138248359
• Binding: Soft cover
• Condition: New

About this title

Synopsis

Corporate laws are based on the idea that the interests of shareholders should be the primary concern of company directors. However, some argue that the proper role for shareholders is to sit back and let the corporation's managers do their job, or that the pursuit of shareholders' interests detracts from the concerns of employees or victims of corporate wrongdoing or other stakeholders. Stephen Bottomley argues that instead of consigning shareholders to this passive role, they should be given opportunities to be active members of corporations. Corporations are constitutional arrangements rather than mere contractual agreements. They are decision-making organizations in which questions of process and structure are important. Thus, instead of using economic criteria such as efficiency as the sole measure for deciding what constitutes 'good' corporate governance, this book examines whether ideas of accountability, deliberation and contestability provide a valuable framework for assessing corporate structures and process and for encouraging greater shareholder participation.

About the Author

Stephen Bottomley is Professor of Commercial Law and Head of School in the Law School at the Australian National University, Australia. He has published in the areas of corporate governance, corporate theory, corporate regulation and government-owned enterprises.