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Trying to save the world with company law? Some problems1

Published online by Cambridge University Press:  02 January 2018

Lorraine Talbot*
Affiliation:
York Law School
*
Lorraine Talbot, Professor of Company Law in Context, York Law School, The University of York, Law and Management Building, Freboys Lane, York YO10 5GD, UK. Email: [email protected]

Abstract

This paper aims to unravel two connected errors in the current critical position on companies. Since the financial crisis, there have been a growing number of voices in the academic community raised against the shareholder value driven corporate sector. The often conservative and highly doctrinal voices of English company lawyers have become in parts more radicalised and have found common research ground with varied academic disciplines and with company lawyers in other jurisdictions more accustomed to critical approaches. New ideas have been forged; old ideas have been rediscovered and re-examined. In the emerging networks, the neoliberal domination of the study of companies is being substantially challenged. As exciting as this is, I am concerned that critical scholars have cohered around a core claim about company law which is erroneous. Furthermore, they have largely assumed that the current economy can sustain a social agenda as well as creating profit. This, I argue, hugely underestimates entrenched problems in the economy. In unravelling these issues my aim is to reorientate challenges to shareholder primacy and to the claims of capital more generally.

Type
Research Article
Copyright
Copyright © Society of Legal Scholars 2016

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Footnotes

1

This title takes its cue from Kent Greenfield's published debate (with D Gordon Smith) ‘Saving the world with corporate law?’ (2008) 57(4) Emory L J 948

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