A Social History of Company Law by Rob McQueen PDF

By Rob McQueen

ISBN-10: 0754621685

ISBN-13: 9780754621683

ISBN-10: 0754691179

ISBN-13: 9780754691174

The background of incorporations laws and its management is in detail tied to alterations in social ideals in admire to the function and function of the company. by way of learning the evolution of the company shape in Britain and a couple of its colonial possessions, the ebook illuminates debates on key strategies together with the meanings of laissez faire, freedom of trade, the idea of company accountability and the position of the nation within the rules of commercial. In doing so, the ebook advances our knowing of the form, effectiveness and deficiencies of contemporary regulatory regimes.

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38 Hurst, J W (1970) The Legitimacy of the Business Corporation in the Law of the United States, (Charlottesville: University Press of Virginia), 6. Social Attitudes to Company Law: 1720–1855 35 practice. If those in commerce treated an association as if it were a ‘corporation’, it was such. Conversely, if those in business did not regard an enterprise as a legitimately constituted corporation then it would not be treated as such. The importance of commercial attitudes in the acceptance and legitimacy of an enterprise as a corporation has also been remarked upon by Ireland and his collaborators.

The discouragement to investment and company flotation provided by that Act was held out as a model of how not to proceed. On the other hand investors wanted to be protected and argued for a more regulatory form of legislation. Investors, and many of those professionally involved in aspects of company investment, argued for the inclusion, at the very least, of publicity provisions in any legislative scheme. Some also strongly asserted the role of the government, through one of its departments, in ensuring that companies operating with the benefit of limited liability acted honestly.

18 See the discussion on the failure rates of corporations during the eighteenth and nineteenth in Anderson, G M and Tollinson, R D (1982) Adam Smith’s Analysis of Jointstock Companies, Journal of Political Economy, 90:2, 1237–1256. 19 Smiles, S (1862) Lives of the Engineers, (London: Murray), reprinted 1968,(New York: Augustus M. Kelley), vol. 1, 464. Social Attitudes to Company Law: 1720–1855 27 The course adopted by parliament in dealing with the multitude of railway bills applied for during the prevalence of the mania, was as irrational as it proved to be unfortunate.

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A Social History of Company Law by Rob McQueen


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