公司法剖析

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• We do not summarize the contents of earlier chapters here. Rather, we focus more explicitly on the boundaries of what the book explains. We reflect first on method- ological tradeoffs: what our analytic approach can explain and what it cannot. Then, we consider the limits of the book’s coverage, in terms of the jurisdictions, organiza- tional forms, and time period surveyed. In so doing, we speculatively peer “beyond” the anatomy of corporate law. (查看原文)

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• Our analytic starting point has been that corporate law can most usefully be understood in terms of its functions. The motivating conceit is that these functions are similar the world over. Business organization everywhere gives rise to similar economic exigen- cies; in responding to these, corporate laws everywhere share the same core elements. Large business organizations everywhere must overcome agency and coordination costs, and as we show, much of corporate law can be understood as a response to these common economic problems. A great strength of this approach is that it emphasizes the underlying similarities between corporate laws. This is in contrast to most works on comparative law, which focus on differences. However, as we move beyond the core elements set out in Chapter 1, there... (查看原文)

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