PHILOSOPHY OF CORPORATE LAW, ARE CORPORATIONS CREATED BY SPONTANEOUS ORDER OR CONSTRUCTIVE ORDER?

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Abedi Firouzjaee Ebrahim

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Journal: PRIVATE LAW STUDIES Year:2019 | Volume:49 | Issue:1 Page(s): 69-86

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Information Journal Paper

Title

PHILOSOPHY OF CORPORATE LAW, ARE CORPORATIONS CREATED BY SPONTANEOUS ORDER OR CONSTRUCTIVE ORDER?

Author(s)

Abedi Firouzjaee Ebrahim | Issue Writer Certificate

Keywords

constructive nature of commercial corporationsQ1

constructive orderQ1

constructive rationalismQ1

evolutionary rationalism;legal positivism;spontaneous orderQ1

Abstract

Juridical institution of capital business corporations can be divided into 4 fundamental rules: 1) the rule of separate legal personality of corporation, 2) the rule of majority of capital or votes, 3) limited liability of shareholders, and 4) unlimited discretion of directors. The corporation is introduced as big discovering and marvelous instrument of modern capitalism and even some elements of that are described more important than invention of electricity and steam engine. Searching in philosophy of law, we concluded that business corporations are modern concepts created by state via spontaneous order and night watchman theories outlined by economic and political philosophers. They don’ t accept government in economics and law and we cannot explain and justify the legitimacy of corporate law.

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APA: Copy

Abedi Firouzjaee, Ebrahim. (2019). PHILOSOPHY OF CORPORATE LAW, ARE CORPORATIONS CREATED BY SPONTANEOUS ORDER OR CONSTRUCTIVE ORDER?. PRIVATE LAW STUDIES, 49(1 ), 69-86. SID. https://sid.ir/paper/124689/en

Vancouver: Copy

Abedi Firouzjaee Ebrahim. PHILOSOPHY OF CORPORATE LAW, ARE CORPORATIONS CREATED BY SPONTANEOUS ORDER OR CONSTRUCTIVE ORDER?. PRIVATE LAW STUDIES[Internet]. 2019;49(1 ):69-86. Available from: https://sid.ir/paper/124689/en

IEEE: Copy

Ebrahim Abedi Firouzjaee, “PHILOSOPHY OF CORPORATE LAW, ARE CORPORATIONS CREATED BY SPONTANEOUS ORDER OR CONSTRUCTIVE ORDER?,” PRIVATE LAW STUDIES, vol. 49, no. 1 , pp. 69–86, 2019, [Online]. Available: https://sid.ir/paper/124689/en

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