The Making of the Modern Company

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Susan Watson (University of Auckland, New Zealand) Marc Moore (University College London UK)

The Making of the Modern Company

Susan Watson (University of Auckland, New Zealand), Marc Moore (University College London UK), Christopher Bruner

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English

Hart Publishing
30 November 2023

Legal history; Company law

Series: Contemporary Studies in Corporate Law

This book adopts a historical perspective to highlight, and bring back into focus, the key features of the modern company. A central argument in the book is that legal personhood attaching to an entity containing a corporate fund seeded by shareholders is a direct and inevitable consequence of limited liability and the company’s status as a separate legal entity from its shareholders. Management by a board subject to legal duties to the company as an entity that can exist in perpetuity facilitates a long term perspective by the board that can accommodate both shareholder and stakeholder interests. These defining characteristics differentiate the modern company from other business forms.

The Making of the Modern Company applies a 21st-century lens to the corporation through its history to identify turning points in its development. It sets out how key features emerged in the course of two separate developmental cycles in English corporate law: first with the English East India Company in the 17th century, and then with general incorporation statutes in the 2nd half of the 19th century. The book's historical perspective highlights that the key features are part of the 'secret sauce' of modern companies. Each cycle coincided with unparalleled periods of economic success associated with corporate activity

This book will be of interest to corporate law and governance academics, theorists and practitioners, those who study the company from related disciplines, and anyone who questions why uncertainty still exists about the structure of a legal form that has been described as 'amongst mankind’s greatest inventions'.

By: Susan Watson (University of Auckland New Zealand)
Edited by: Marc Moore (University College London UK), Christopher Bruner
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 25mm
Weight: 454g
ISBN: 9781509959686
ISBN 10: 1509959688
Series: Contemporary Studies in Corporate Law
Pages: 384
Publication Date: 30 November 2023
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

Susan Watson is Dean of the Business School and holds joint chairs in the Faculty of Law and Faculty of Business and Economics, at the University of Auckland, New Zealand.

Reviews for The Making of the Modern Company

Goes a long way to resolving historical and ongoing theoretical debates as to the nature of the company, and connects them to corporate reality. As such, it will be a major text for those engaging with this theoretical debate. ... a must-read book. * Oxford Journal of Legal Studies *