Corporate Governance in the Shadow of the State

Name: Corporate Governance in the Shadow of the State
Brand: Bloomsbury Publishing PLC
SKU: 9781849460088
Price: 12721.0 INR
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by Marc T. Moore

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ISBN13: 9781849460088
Binding: Hardcover
Subject: N/A
Publisher: Bloomsbury Publishing PLC
Publisher Imprint: Bloomsbury Publishing PLC
Publication Date: March 1, 2013
Pages: 336
Original Price: GBP 100.0
Language: English
Edition: UK
Item Weight: 649 grams
BISAC Subject(s): Administrative Law & Regulatory Practice, Franchises, and Corporate

About The Book

Over recent decades corporate governance has developed an increasingly high profile in legal scholarship and practice, especially in the US and UK. But despite widespread interest, there remains considerable uncertainty about how exactly corporate governance should be defined and understood. In this important work, Marc Moore critically analyses the core dimensions of corporate governance law in these two countries, seeking to determine the fundamental nature of corporate governance as a subject of legal enquiry. In particular, Moore examines whether Anglo-American corporate governance is most appropriately understood as an aspect of 'private' (facilitative) law, or as a part of 'public' (regulatory) law. In contrast to the dominant contractarian understanding of the subject, which sees corporate governance as an institutional response to investors' market-driven private preferences, this book defines corporate governance as the manifestly public problem of securing the legitimacy - and, in turn, sustainability - of discretionary administrative power within large economic organisations. It emphasises the central importance of formal accountability norms in legitimating corporate managers' continuing possession and exercise of such power, and demonstrates the structural necessity of mandatory public regulation in this regard. In doing so it highlights the significant and conceptually irreducible role of the regulatory state in determining the key contours of the Anglo-American corporate governance framework. The normative effect is to extend the state's acceptable policy-making role in corporate governance, as an essential supplement to private ordering dynamics.

Shortlisted for The Peter Birks Prize for Outstanding Legal Scholarship 2013.

About The Author

Bruner, Christopher: - Christopher Bruner is a Professor of Law at the University of Georgia School of Law.

Moore, Marc: - Marc Moore was appointed to the Chair in Corporate/Financial Law at UCL Laws in 2019. Prior to this, he was Reader in Corporate Law and MCL Director at the University of Cambridge, UK.

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