شرکت قانون‌اساسی: بازاندیشی در حاکمیت شرکتی (فلسفه حقوقی کاربردی)

Share ownership has become a major aspect of western economies and there are diverse views on its role. While corporate law is based on the idea that shareholders are the primary concern of company directors, more radical writers have suggested that public company shareholders are passive investors whose interests detract from the interests of employees or victims of corporate wrongdoing. This book argues that, rather than thinking of shareholders as passive investors, they should be given opportunities to be active members of corporations and that these corporations are, in fact, constitutional arrangements. This means that companies are decision-making organisations in which questions of process and structure are important. Instead of using 'efficiency' as the guiding criterion, it is argued that corporate structures and process should be assessed by referring to the ideas of 'deliberation', 'accountability' and 'contestability'.

this Book Argues That Instead Of Consigning Shareholders To A Passive Role, They Should Be Given Opportunities To Be Active Members Of Corporations. The Ideas Of Accountability, Deliberation And Contestability Provide A Valuable Framework For Assessing Corporate Structures And Process And For Encouraging Greater Shareholder Participation.

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.

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.

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. MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict Contents 6 List of Cases 7 List of Statutes 10 Preface 15 Acknowledgements 17 1 Corporations and Shareholders 18 2 From Contract to Constitution 36 3 Corporate Constitutionalism 70 4 Corporate Accountability 94 5 Corporate Decisions and Deliberation 128 6 Contesting Corporate Decisions 160 7 The Prospects for Corporate Constitutionalism 186 Index 198 A 198 B 198 C 198 D 198 E 199 H 199 I 199 M 199 O 199 P 199 R 199 S 199 T 200 U 200 V 200 W 200 "This book argues that instead of consigning shareholders to this passive role, they should be given opportunities to be active members of corporations. This argument is based on the idea that corporations are constitutional arrangements rather than mere contractual agreements. Moreover, corporations 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 argues that the ideas of accountability, deliberation and contestability provide a valuable framework for assessing corporate structures and process and for encouraging greater shareholder participation."--Jacket "Widespread share ownership is an important feature of western economies and there are diverse views on its role. While corporate laws in countries such as Australia, the United Kingdom, and the United States are based on the idea that the interests of shareholders should be the primary concern of company directors, this model has been criticized from diverse perspectives. Some argue that the proper role for shareholders is to sit back and let the corporation's managers do their job. Other commentators argue that the pursuit of shareholders' interests detracts from the concerns of employees or victims of corporate wrongdoing or other stakeholders. Both of these arguments depict shareholders as passive investors."