Theory Of Legal Structure
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Company Law
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Author : Eva Micheler
language : en
Publisher: Oxford University Press
Release Date : 2021
Company Law written by Eva Micheler and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
This book advances a real entity theory of company law, in which the company is a legal entity which acts autonomously in law, and company law establishes procedures facilitating autonomous organisational decision-making. The theory builds on the insight that organisations or firms are a social phenomenon outside of the law and that these are autonomous actors in their own right. They are more than the sum of the contributions of their participants and they act independently of the views and interests of their participants. This occurs because human beings change their behaviour when they act as members of a group or an organisation; in a group we tend to develop and conform to a shared standard, and when we act in organisations habits, routines, processes, and procedures form and a culture emerges. These take on a life of their own affecting the behaviour of the participants. Participants can affect organisational behaviour but this takes time and effort. Company law finds this phenomenon and supplies it with a structure supporting autonomous action by organisations. The real entity theory advanced in this book explains company law as it stands at a positive level. Legal personality overcomes the problems that organisations are social rather than brute facts and that there is no unique physical manifestation permanently associated with an organisation. The corporate constitution is not a contract - it is best characterised as an instrument adopted on a statutory basis through private action. Shareholders cannot limit the capacity of companies or the authority of the board to bind the company in contract and companies are liable in tort and crime. The statute creates roles for shareholders, directors, a company secretary, and auditors and so facilitates a process leading to organisational action. The law also integrates the interests of creditors and stakeholders.
Theory Of Legal Structure
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Author : David P. Ellerman
language : en
Publisher:
Release Date : 1982
Theory Of Legal Structure written by David P. Ellerman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Cooperative societies categories.
Organising The Firm
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Author : Petri Mäntysaari
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-09-18
Organising The Firm written by Petri Mäntysaari and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-18 with Law categories.
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.
The Structure And Process Of International Law Essays In Legal Philosophy Doctrine And Theory
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Author : Ronald St. J. Macdonald
language : en
Publisher: Brill Archive
Release Date : 1989
The Structure And Process Of International Law Essays In Legal Philosophy Doctrine And Theory written by Ronald St. J. Macdonald and has been published by Brill Archive this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with International law categories.
Company Law
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Author : Eva Micheler
language : en
Publisher:
Release Date : 2021
Company Law written by Eva Micheler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Corporation law categories.
This title advances a real entity theory of company law, in which the company is a legal entity which acts autonomously in law, and company law establishes procedures facilitating autonomous organisational decision-making. The theory builds on the insight that organisations or firms are a social phenomenon outside of the law and that these are autonomous actors in their own right. They are more than the sum of the contributions of their participants and they act independently of the views and interests of their participants. This occurs because human beings change their behaviour when they act as members of a group or an organisation; in a group we tend to develop and conform to a shared standard, and when we act in organisations habits, routines, processes, and procedures form and a culture emerges. These take on a life of their own affecting the behaviour of the participants.
An Institutional Theory Of Law
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Author : N. MacCormick
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-04-17
An Institutional Theory Of Law written by N. MacCormick and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-17 with Philosophy categories.
Law S Community
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Author : Roger Cotterrell
language : en
Publisher: Oxford University Press
Release Date : 1995
Law S Community written by Roger Cotterrell and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
These essays seek to re-locate the relationship between the traditional concerns of legal theory and the sociology of law by establishing a consistent theoretical approach to the analysis of law in contemporary Western societies.
The Concept Of A Legal System
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Author : Joseph Raz
language : en
Publisher:
Release Date : 1980-01-01
The Concept Of A Legal System written by Joseph Raz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980-01-01 with Jurisprudence categories.
What does it mean to assert or deny the existence of a legal system? How can one determine whether a given law belongs to a certain legal system? What kind of structure do these systems have, that is--what necessary relations obtain between their laws? The examination of these problems in thisvolume leads to a new approach to traditional jurisprudential question, though the conclusions are based on a critical appraisal, particularly those of Bentham, Austin, Kelsen, and Hart.
Company Law
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Author : Brian R. Cheffins
language : en
Publisher: Oxford University Press, USA
Release Date : 1997
Company Law written by Brian R. Cheffins and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Science categories.
In the US the use of economics has had a dramatic influence on the study of corporate law. This book is the first in the UK to use economics to discuss company law issues. Company Law: Theory, Structure and Operation addresses a series of important questions which have not been analysed in detail elsewhere
Social Structure And Law
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Author : William M. Evan
language : en
Publisher: SAGE Publications, Incorporated
Release Date : 1990-06
Social Structure And Law written by William M. Evan and has been published by SAGE Publications, Incorporated this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990-06 with Law categories.
There is still a good deal of confusion surrounding the sociology of law with regard to the subject and boundaries of the field. Social Structure and Law clarifies some of the central issues. Using his own social structure model, Evan explains the interactions between legal and non-legal institutions and provides some useful theoretical guidelines for ongoing research. Readers will profit from studying this volume which sets forth a rationale for theoretical and empirical contributions to the sociology of law.