Personhood and Corporate Agency
Author | : Michael Watkins |
Publisher | : |
Total Pages | : 154 |
Release | : 1985 |
Genre | : Corporations |
ISBN | : |
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Author | : Michael Watkins |
Publisher | : |
Total Pages | : 154 |
Release | : 1985 |
Genre | : Corporations |
ISBN | : |
Author | : Susanna Kim Ripken |
Publisher | : Cambridge University Press |
Total Pages | : 317 |
Release | : 2019-08-08 |
Genre | : Business & Economics |
ISBN | : 1108416527 |
Explores the nature of corporate personhood and how it affects the rights, powers, and influence of corporations in society.
Author | : Kevin Crow |
Publisher | : Routledge |
Total Pages | : 182 |
Release | : 2021-05-17 |
Genre | : Business & Economics |
ISBN | : 1000390101 |
This book tracks the phenomenon of international corporate personhood (ICP) in international law and explores many legal issues raised in its wake. It sketches a theory of the ICP and encourages engagement with its amorphous legal nature through reimagination of international law beyond the State, in service to humanity. The book offers two primary contributions, one descriptive and one normative. The descriptive section of the book sketches a history of the emergence of the ICP and discusses existing analogical approaches to theorizing the corporation in international law. It then turns to an analysis of the primary judicial decisions and international legal instruments that animate internationally a concept that began in U.S. domestic law. The descriptive section concludes with a list of twenty-two judge-made and text-made rights and privileges presently available to the ICP that are not available to other international legal personalities; these are later categorized into ‘active’ and ‘passive’ rights. The normative section of the book begins the shift from what is to what ought to be by sketching a theory of the ICP that – unlike existing attempts to place the corporation in international legal theory – does not rely on analogical reasoning. Rather, it adopts the Jessupian emphasis on ‘human problems’ and encourages pragmatic, solution-oriented legal analysis and interpretation, especially in arbitral tribunals and international courts where legal reasoning is frequently borrowed from domestic law and international treaty regimes. It suggests that ICPs should have ‘passive’ or procedural rights that cater to problems that can be characterized as ‘universal’ but that international law should avoid universalizing ‘active’ or substantive rights which ICPs can shape through agency. The book concludes by identifying new trajectories in law relevant to the future and evolution of the ICP. This book will be most useful to students and practitioners of international law but provides riveting material for anyone interested in understanding the phenomenon of international corporate personhood or the international law surrounding corporations more generally.
Author | : Christian List |
Publisher | : Oxford University Press |
Total Pages | : 249 |
Release | : 2011-04-07 |
Genre | : Law |
ISBN | : 0199591563 |
Are companies, churches, and states genuine agents? How do we explain their behaviour? Can we treat them as accountable for their actions? List and Pettit offer original arguments, grounded in cutting-edge work on social choice, economics, and philosophy, to show there really are group agents, over and above the individual agents who compose them.
Author | : Pollman, Elizabeth |
Publisher | : Edward Elgar Publishing |
Total Pages | : 432 |
Release | : 2021-09-28 |
Genre | : Law |
ISBN | : 1789902916 |
This insightful Research Handbook contributes to the theoretical and practical understanding of corporate purpose and personhood, which has become the central debate of corporate law. It provides cutting-edge thoughts on the role of corporations in society and the nature of their rights and responsibilities.
Author | : Adam Winkler |
Publisher | : Liveright Publishing |
Total Pages | : 485 |
Release | : 2018-02-27 |
Genre | : Law |
ISBN | : 0871403846 |
National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
Author | : Eleanor Harrison-Buck |
Publisher | : University Press of Colorado |
Total Pages | : 303 |
Release | : 2018-08-20 |
Genre | : Social Science |
ISBN | : 1607327473 |
Relational Identities and Other-than-Human Agency in Archaeology explores the benefits and consequences of archaeological theorizing on and interpretation of the social agency of nonhumans as relational beings capable of producing change in the world. The volume cross-examines traditional understanding of agency and personhood, presenting a globally diverse set of case studies that cover a range of cultural, geographical, and historical contexts. Agency (the ability to act) and personhood (the reciprocal qualities of relational beings) have traditionally been strictly assigned to humans. In case studies from Ghana to Australia to the British Isles and Mesoamerica, contributors to this volume demonstrate that objects, animals, locations, and other nonhuman actors also potentially share this ontological status and are capable of instigating events and enacting change. This kind of other-than-human agency is not a one-way transaction of cause to effect but requires an appropriate form of reciprocal engagement indicative of relational personhood, which in these cases, left material traces detectable in the archaeological record. Modern dualist ontologies separating objects from subjects and the animate from the inanimate obscure our understanding of the roles that other-than-human agents played in past societies. Relational Identities and Other-than-Human Agency in Archaeology challenges this essentialist binary perspective. Contributors in this volume show that intersubjective (inherently social) ways of being are a fundamental and indispensable condition of all personhood and move the debate in posthumanist scholarship beyond the polarizing dichotomies of relational versus bounded types of persons. In this way, the book makes a significant contribution to theory and interpretation of personhood and other-than-human agency in archaeology. Contributors: Susan M. Alt, Joanna Brück, Kaitlyn Chandler, Erica Hill, Meghan C. L. Howey, Andrew Meirion Jones, Matthew Looper, Ian J. McNiven, Wendi Field Murray, Timothy R. Pauketat, Ann B. Stahl, Maria Nieves Zedeño
Author | : Lisa Siraganian |
Publisher | : Oxford University Press |
Total Pages | : 287 |
Release | : 2020-11-19 |
Genre | : Literary Criticism |
ISBN | : 0192639633 |
Winner, Matei Calinescu Prize, Modern Language Association Winner, 2021 Modernist Studies Award, Modernist Studies Association Long before the US Supreme Court announced that corporate persons freely "speak" with money in Citizens United v. Federal Election Commission (2010), they elaborated the legal fiction of American corporate personhood in Santa Clara v. Southern Pacific Railroad (1886). Yet endowing a non-human entity with certain rights exposed a fundamental philosophical question about the possibility of collective intention. That question extended beyond the law and became essential to modern American literature. This volume offers the first multidisciplinary intellectual history of this story of corporate personhood. The possibility that large collective organizations might mean to act like us, like persons, animated a diverse set of American writers, artists, and theorists of the corporation in the first half of the twentieth century, stimulating a revolution of thought on intention. The ambiguous status of corporate intention provoked conflicting theories of meaning—on the relevance (or not) of authorial intention and the interpretation of collective signs or social forms—still debated today. As law struggled with opposing arguments, modernist creative writers and artists grappled with interrelated questions, albeit under different guises and formal procedures. Combining legal analysis of law reviews, treatises, and case law with literary interpretation of short stories, novels, and poems, this volume analyzes legal philosophers including Oliver Wendell Holmes, Jr., Frederic Maitland, Harold Laski, Maurice Wormser, and creative writers such as Theodore Dreiser, Muriel Rukeyser, Gertrude Stein, Charles Reznikoff, F. Scott Fitzgerald, and George Schuyler.
Author | : Jack Martin |
Publisher | : Springer Science & Business Media |
Total Pages | : 196 |
Release | : 2009-09-23 |
Genre | : Psychology |
ISBN | : 1441910654 |
At its core, psychology is about persons: their thinking, their problems, the improvement of their lives. The understanding of persons is crucial to the discipline. But according to this provocative new book, between current essentialist theories that rely on biological models, and constructionist approaches based on sociocultural experience, the concept of the person has all but vanished from psychology. Persons: Understanding Psychological Selfhood and Agency recasts theories of mind, behavior, and self, synthesizing a range of psychologists and philosophers to restore the centrality of personhood—especially the ability to make choices and decisions—to the discipline. The authors’ unique perspective de-emphasizes method and formula in favor of moral agency and life experience, reveals frequently overlooked contributions of psychology to the study of individuals and groups, and traces traditions of selfhood and personhood theory, including: The pre-psychological history of personhood, a developmental theory of situated, agentive personhood, the political disposition of self as a kind of understanding, Human agency as a condition of personhood, Emergentist theories in psychology, the development of the perspectival self. Persons represents an intriguing new path in the study of the human condition in our globalizing world. Researchers in developmental, social, and clinical psychology as well as social science philosophers will find in these pages profound implications not only for psychology but also for education, politics, and ethics.
Author | : Susanna Kim Ripken |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2019-08-08 |
Genre | : Law |
ISBN | : 1108265588 |
The topic of corporate personhood has captured the attention of many who are concerned about the increasing presence, power, and influence of corporations in modern society. Recent Supreme Court cases like Citizens United, Hobby Lobby, and Masterpiece Cakeshop - which solidified the free speech and religious liberty rights of corporations and their owners - have heightened the controversy over treating corporations as persons under the law. What does it mean to say that the corporation is a person, and why does it matter? In Corporate Personhood, Susanna Kim Ripken addresses these questions and highlights the complexity of the corporate personhood concept. Using a broad, interdisciplinary framework - incorporating law, economics, philosophy, sociology, psychology, organizational theory, political science, and linguistics - this highly original work explores the complex, multidimensional nature of corporate personhood and its implications for corporate rights and duties.