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Download e-book for kindle: A Social History of Company Law by Rob McQueen

By Rob McQueen

ISBN-10: 0754621685

ISBN-13: 9780754621683

ISBN-10: 0754691179

ISBN-13: 9780754691174

The background of incorporations laws and its management is in detail tied to alterations in social ideals in admire to the function and function of the company. through learning the evolution of the company shape in Britain and a couple of its colonial possessions, the publication illuminates debates on key strategies together with the meanings of laissez faire, freedom of trade, the suggestion of company accountability and the function of the kingdom within the law of industrial. In doing so, the publication advances our figuring out of the form, effectiveness and deficiencies of contemporary regulatory regimes.

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What then was the purpose of corporate legislation in the middle of the nineteenth century, if it was not principally to confer ‘legitimacy’ on those business associations seeking corporate status, but without benefit of Charter or Act of Parliament? One of the principal purposes which that legislation served was to consolidate many of the ‘freedoms’ in respect of commercial activity which those in the City and in commerce had come to expect as a right. Such ‘freedoms’ included being able to float a corporation at will and to be unrestricted with respect to the proposed amount of capital for the entity and the nominal value of shares.

State sanctioning was consequently not regarded as an important or even necessary element in the formation of a business association in the early nineteenth century. In the eyes of those in commerce, legitimacy of the business ‘corporation’ did not depend on either the legislature or the judiciary, but rather on commercial 37 Kinder v. J. 68; See also the judgements in Duvergier v. Fellowes (1828) 5 Bingham 267 and Blundell v. Windsor (1835) 8 Sim 601. 38 Hurst, J W (1970) The Legitimacy of the Business Corporation in the Law of the United States, (Charlottesville: University Press of Virginia), 6.

E. whether it was a ‘company’ or a ‘partnership’) made no difference to contemporary perceptions of its economic form; a joint stock company was a joint stock company whether it was incorporated or not39. (emphasis in original) Ireland thus supports the notion that the bulk of ‘companies’, up until as late as the 1840s or even the 1850s, derived their legitimacy either largely or solely from the economic realm of business practice rather than from the legal realm of legislation and/or the courts.

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A Social History of Company Law by Rob McQueen

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