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Corporate Duties to the Public

Corporate Duties to the Public


  • Date Published: January 2019
  • availability: In stock
  • format: Hardback
  • isbn: 9781108421461

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About the Authors
  • In a world where the grocery store may be more powerful than the government and corporations are the governors rather than the governed, the notion of corporations being only private actors is slowly evaporating. Gone is the view that corporations can focus exclusively on maximizing shareholder wealth. Instead, the idea that corporations owe duties to the public is capturing the attention of not only citizens and legislators, but corporations themselves. This book explores the deepening connections between corporations and the public. It explores timely - and often controversial - public issues with which corporations must grapple including the corporate purpose, civil and criminal liability, taxation, human rights, the environment and corruption. Offering readers an encompassing, balanced, and systematic understanding of the most pertinent duties corporations should bear, how they work, whether they are justified, and how they should be designed in the future, this book clarifies corporations' roles vis-à-vis the public.

    • Provides an in-depth look at instances that imply corporate duties to the public and examines a range of pertinent corporate duties issues
    • Investigates the theory and practice of corporate responsibilities toward third parties and looks at how they work, whether they are justified, and how they should be designed in the future
    • Explores the role of corporations beyond traditional corporate social responsibility (CSR) to examine the idea of corporate responsibilities more broadly and with reference to a range of theoretical viewpoints
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    Reviews & endorsements

    'This book is a massive achievement. It is both broad and deep, offering a balanced and comprehensive look at the multitude of ways corporations interact with the public and the policy options available to address those interactions. Anyone thinking about the role of business in global society should have this impressive volume at their fingertips.' Kent Greenfield, Boston College Law School

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    Product details

    • Date Published: January 2019
    • format: Hardback
    • isbn: 9781108421461
    • length: 386 pages
    • dimensions: 235 x 157 x 24 mm
    • weight: 0.67kg
    • availability: In stock
  • Table of Contents

    1. Introduction
    1.1 Common arguments for a closer relationship between corporations and the public
    1.2 The structure of the book
    2. Background
    2.1 A brief history of the corporation and its relationship with the public
    2.2 Justifying corporate duties
    2.3 Conclusion
    3. Corporate purpose
    3.1 Theoretical approaches
    3.2 The corporate purpose in UK and US law
    3.3 The diverging views assessed
    3.4 A recalibrated purpose
    3.5 Conclusion
    4. Corporate governance
    4.1 Introduction
    4.2 Corporate governance policies
    4.3 Conclusion
    5. Parent company liability
    5.1 Introduction
    5.2 The group company and limited liability
    5.3 Circumventing limited liability
    5.4 The (economic) case for group company liability
    5.5 Reforming liability for group companies
    5.6 Two-tiered liability based on risk internalization
    5.7 Conclusion
    6. Tort law
    6.1 Justification for corporate liability
    6.2 Corporate theories
    6.3 Attribution mechanisms
    6.4 Alternative approaches - depersonalized corporate liability
    6.5 Conclusion
    7. Criminal law
    7.1 Recognition of corporate criminal liability
    7.2 Attribution mechanisms
    7.3 Justifying and designing corporate criminal liability
    7.4 Conclusion
    8. Human rights law
    8.1 The legal regime for corporations and human rights
    8.2 Defining corporate duties vis-à-vis human rights
    8.3 Conclusion
    9. Environmental law
    9.1 The case for corporate environmental responsibility
    9.2 Existing mechanisms defining corporate environmental responsibility
    9.3 Conclusion
    10. Corruption
    10.1 Defining corruption
    10.2 Why combat corruption?
    10.3 Anti-corruption rules
    10.4 Corporate duties for combating corruption
    10.5 Conclusion
    11. Tax law
    11.1 Why are corporations taxed?
    11.2 The problem of aggressive tax planning
    11.3 Contextualizing the role of governments
    11.4 The corporate duty (not) to engage in tax avoidance)
    11.5 Conclusion
    12. Conclusion
    12.1 Key findings
    12.2 Common themes and lessons
    12.3 Final thoughts

  • Authors

    Barnali Choudhury, University College London
    Barnali Choudhury is an Associate Professor at University College London. She is the author of Public Services and International Trade Liberalization: Human Rights and Gender Implications (Cambridge, 2012) and a co-editor of Understanding the Company: Corporate Governance and Theory (Cambridge, 2017). She has travelled around the world presenting her work, and her research has been cited by the United Nations, the House of Commons and the House of Lords EU Select Committee, among others. Barnali has visited at New York University Law School and the University of Cambridge and was recently awarded a Leverhulme Research Fellowship.

    Martin Petrin, University College London
    Martin Petrin is an Associate Professor at University College London. He holds an S.J.D. specializing in corporate law from the University of California, Los Angeles, a Ph.D. from the University of St Gallen, and an LL.M. from Columbia University. He is the author of numerous books including, most recently, Corporate Governance: Law, Regulation and Theory (2017). Martin has practiced law with a leading international business law firm and is admitted to the Bar in New York and Switzerland. He has visited at the University of Cambridge and the Max Planck Institute for Comparative and Private Law.

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