By Christopher M. Bruner
The company governance platforms of Australia, Canada, the uk, and the us are usually characterised as a unmarried "Anglo-American" approach prioritizing shareholders' pursuits over these of alternative company stakeholders. Such generalizations, although, imprecise tremendous modifications around the common-law international. opposite to renowned trust, shareholders within the uk and jurisdictions following its lead are way more strong and crucial to the goals of the company than are shareholders within the usa. This booklet provides a brand new comparative concept to give an explanation for this divergence and explores the theory's ramifications for legislations and public coverage. Bruner argues that regulatory buildings affecting different stakeholders' pursuits - significantly differing levels of social welfare safety for workers - have decisively impacted the measure of political competition to shareholder-centric guidelines around the common-law international. those dynamics stay strong forces at the present time, and realizing them may be important as post-crisis reforms proceed to take form.
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Additional info for Corporate Governance in the Common-Law World: The Political Foundations of Shareholder Power
49 Although rejecting various assumptions that animate extant economic and political theories, the comparative theory that I develop most assuredly relies on certain assumptions itself. ”50 In making this assumption, I build on approaches common to the political economy, social welfare, and risk management literatures. Political economist Karl Polanyi, writing in the 1940s, chronicled what he termed the “double movement” of industrial capitalism: the expansion of markets in the nineteenth and early twentieth centuries had gone hand in hand with “a network of measures and policies .
Even this limited insight, however, may prove useful in a way. Perhaps the defining characteristic of comparative scholarship by those mindful of the twin challenge that functionalism and contextualism present is methodological humility – most notably with respect to the strength and defensibility of the claims advanced through their comparative analyses. , Katharina Henke, A Model for Memory Systems Based on Processing Modes Rather than Consciousness, 11 Nature Revs. Neuroscience 523, 525, 528–29 (2010) (developing a model of memory distinguishing “slow encoding of rigid associations,” the basis for “procedural memory formation, habit formation, category learning, classical conditioning and the formation of new representations in semantic memory”; “rapid encoding of flexible associations,” the basis for “mental time travel, foresight, planning and creativity”; and “rapid encoding of single or unitized items,” in which even a single exposure to an item results in “priming” and “feelings of familiarity for the perceptual, spatial or conceptual aspects of an item”); Dwight J.
6 Zweigert & Kotz, ¨ supra note 4, at 3, 8, 24–26. ”8 Hopt rightly attributes “a new and increased interest in comparative company law” to the law and economics movement,9 which strongly reinforces the universalizing tendency already present in the functionalist approach to comparative scholarship. Economically oriented theories of corporate governance are evaluated in some detail in Chapter 4,10 but as a threshold matter, more remains to be said about functionalism generally. 11 As Helen Callaghan aptly reminds us, however, “no model is better than its assumptions”12 – and on this score, functionalism no sooner articulates a method than it begins to unravel.
Corporate Governance in the Common-Law World: The Political Foundations of Shareholder Power by Christopher M. Bruner